Merchants' Insurance v. Morrison

Citations

• 62 Ill. 242

Syllabus

<p>1. Marine Insurance—implied warranty. By the rules of the law merchant and the common law, every voyage policy of insurance of a vessel implies a warranty of seaworthiness, and this warranty relates to the beginning of the risk, and that is when the vessel sails. Seaworthiness at the commencement of the voyage is a condition precedent, and if it does not then exist the policy is void, and the insurers are not responsible for a subsequent loss, even if it arises from another cause.</p> <p>2. Same—extent of warranty. This implied warranty imports that the ship is staunch and sound ; of sufficient materials and construction, with sufficient sails, tackle, rigging, cables, anchors, stores, and supplies; a captain of competent skill and capacity; a competent and sufficient crew; a pilot when necessary, and, generally, that she is, in every respect, fit for the voyage insured.</p> <p>3. Same-—time policy. But when a. vessel was insured from the 1st day of April to the 30th day of November, 1869, against perils of the lakes, rivers, canals, fires, and jettison, excepting all losses, perils, misfortunes or expenses arising from incompetency of the master or insufficiency of the crew, or want of ordinary care and skill in navigating the vessel, and in loading, stowing, and securing the cargo, rottenness, inherent defects, overloading, and all other unseaworthiness, etc., and the policy contained an express warranty that the vessel was then in safety, and as to the business for which she was to be used, and the same was destroyed by fire while in port, not resulting from unseaworthiness : Held, that this being a time policy, as distinguished from a voyage policy, the law did not imply a warranty that the vessel should be seaworthy when she set out upon her first voyage, and that the company was liable for the loss.</p> <p>4. Contbact—presumption. It is a general rule of law that when parties have deliberately put their engagements in writing, in such terms as import a lega