Millers Marine War Risks

Page 66


… Or any hostile act by or against a belligerent power

… Or any hostile act by or against a belligerent power

10.1 These words were not included in the f.c. & s. Clause until the 1943 version, and then only in a heavily qualified form. The reasons for the decision of Alan Jackson’s Committee in 1983 to exclude “warlike operations” from the new MAR Form are described in Chapter 1. Its place was taken by the wholly new insured peril of “war”, which in turn was reinforced by “or any hostile act by or against a belligerent power”, promoted for the first time to the full standing of an insured peril in its own right from its previously obscure position. Whilst, as noted in Chapter 6, there are still a number of unanswered questions about “war” as an insured peril, it can still be regarded as definite and precise. Whilst there are few judicial definitions of the insured peril which this chapter considers, there are sufficient to suggest the view that it, too, is definite and precise with a well-defined field of application.

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