DIFFERENCES BETWEEN “CAPTURE” AND “SEIZURE”
Whilst “capture” and “seizure” both involve depriving the insured shipowner of his property, they are nonetheless distinct and separate insured perils. Definitions of insured perils must always be approached with caution, and whilst “capture” can be defined quite easily, “seizure”, which can be effected by a number of different persons who are acting for a wide degree of motives, is less easy to describe comprehensively. The following descriptions are helpful. Channell J., when giving judgment in Andersen v. Marten
1 in 1907 quoted from Emerigon when defining “capture”: “A taking by the enemy as prize, in time of open war, or by way of reprisals, with intent to deprive the owner of all dominion or right of property over the thing taken.”
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