FORESTAL LAND, TIMBER & RAILWAYS COMPANY, LTD. v. RICKARDS. MIDDOWS, LTD. v. ROBERTSON. W. W. HOWARD BROS. & CO., LTD. v. KANN.

(1941) 70 Ll L Rep 173

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Viscount Maugham, Lord Thankerton, Lord Wright and Lord Porter.

Marine insurance-Frustration clause- Cargoes in enemy ships at outbreak of war - Pre-war policies issued by British underwriters covering British cargoes-Institute War Clauses attached -"This policy covers (a) the risks excluded from the standard form of English marine policy by the" f.c. & s. clause-"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 Peoples Usurpers or persons attempting to usurp power" -German Government orders to masters of German vessels that their vessels should take refuge in neutral ports and if possible proceed to Germany; as a last resort to scuttle their vessels-Arrival in neutral ports of German steamships M, H and W, vessels subsequently sailing in an attempt to reach Germany-M and H scuttled upon interception by Allied warships-Arrival of W in German port-Claims for loss of cargo-Alleged constructive total loss of cargo when

vessels put into, or alternatively left, neutral ports; actual total loss when vessels scuttled - Altered voyage - Whether within "held covered" clause-Right of underwriters to recover extra premiums - Arrests, restraints-Seizure-Enemies-Takings at sea-Barratry of the master - Malicious acts - Non-delivery - Possibility of recovery of cargo ex W by payments to be made through neutral sources-No payments in fact made- Partial loss - Marine Insurance Act, 1906, Sects. 16 (3), 45, 46, 49, 57, 60, 61, 62, 78 (4), 91.