Millers Marine War Risks

Page 118


Derelict mines, torpedoes, bombs and weapons of war


15.1 Loss or damage caused by derelict mines, torpedoes, bombs or other weapons of war now pose special difficulties. These do not arise from the law itself, since the establishment of the claim will concern issues of fact only. They arise from the wording of the policy and in particular the inclusion of the word “derelict”. Where the suggestion for the use of this word came from, or why it was included, is not known but it is interesting to note that the earlier drafts of the new Institute War and Strikes Clause with the new MAR Form did not include it. As will be seen it poses a problem of no mean order. The Mutual War Risks Associations have attempted to avoid this problem by insuring the consequences of these weapons being used, both in respect of unqualified mines and other weapons, and “derelict” mines and other weapons.

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