i-law

Marine War Risks


Page 83

CHAPTER 11

Capture

DIFFERENCES BETWEEN “CAPTURE” AND “SEIZURE”

11.1 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.”

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.