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Miller's Marine War Risks

Page 34




6.1 It is in one sense surprising that “war” has been expressed as an insured peril only since the MAR Form was introduced in 1983. It is, therefore, a new peril to the War Risks Policy. Having said that, if not mentioned by name, the sense of “war” as being an insured peril under war risk policies was caught by and large by Clause 2(a) of the now defunct S.G. Form which provided “hostilities” and “warlike operations” as perils, and the f.c. & s. warranty which spoke of “consequences of hostilities or warlike operations, whether there be a declaration of war or not”. These words, however, gave rise to significant difficulties of interpretation. The 1943 amendment to the f.c. & s. Clause was in response to the House of Lords’ judgment in The Coxwold,1 and was intended to ensure that only in the clearest cases would casualties, which could have been payable by either the Marine or the War Risks Policies, be paid by the war risk underwriters.

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