Millers Marine War Risks

Page 70



Origin of the capture and seizure perils

11.1 The SG policy, in the form set out in Schedule 1 to the 1906 Act, covered the perils of “takings at sea, arrests, restraints, and detainments of all kings, princes, and people”. The peril of “takings at sea” does not appear1 in the modern clauses, but arrests, restraints and detainments survive. Rule 10 of the Rules for Construction of Policy in Sch 1 provided that the term “arrests, &c., of kings, princes, and people” referred to political or executive acts, and did not include a loss caused by ordinary judicial process. The modern forms continue to exclude ordinary judicial process, and generally cover only political or executive acts. The peril of “seizure” is an important exception (see Chapter 12).

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