IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD. (APPLICATION OF H. L. STHYR).

(1933) 45 Ll.L.Rep. 147

CHANCERY DIVISION.

Before Mr. Justice Maugham.

Insurance (marine)-Loss of goods consigned from U.K. to shipper's agent at Rostoff-on-Don via Novorossisk-Claim by shipper against insurance company -Admitted arrival at Novorossisk at time Czarist and Bolshevist forces were in conflict in surrounding district- Whether goods reached Rostoff-Possibility of arrival of goods at Rostoff after shipper's agent left on approach of Bolshevist forces-Proof-Right to sue-Suggestion that shipper had sold goods outright to V-"Warranted free of any claim based upon loss of or frustration of the insured voyage or adventure caused by arrests restraints or detainments of Kings Princes or Peoples . . . This insurance also covers the risks excluded by the following clause in marine policies on English conditions: 'Warranted free of capture, seizure, arrest, restraint, or detainment, and the consequences thereof or of any attempt thereat (piracy excepted), and also from all consequences of hostilities or warlike operations whether before or after declaration of war' . . . Excluding all claims arising from delay"