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CHAPTER 13 Arrest, restraint, detainment …

Miller's Marine War Risks

Page 105


Arrest, restraint, detainment …


13.1 In addition to capture and seizure, the Institute Clauses also refer to “arrest, restraint and detainment”. This is similar to the S.G. Form’s perils of “arrests, restraints, and detainments of all Kings, Princes and people, of what nation, condition or quality soever”. Rule 10 of the Marine Insurance Act 1906 Rules for construction of policy provided that this term referred to political or executive acts, and did not include riot or ordinary judicial process. Although that Rule no longer applies, the same effect is achieved1 by the express exclusions of quarantine, customs or trading regulations (Clause 4.1.5) and of ordinary judicial process (Clause 4.1.6). Exclusions are considered in Chapter 23.

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