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(1)of Shipowners'LiabilitァLaws in the U･K･ Clubs of P･&Ⅰ･. Transition Changes. and. Takatada. lmaizumi. I. lt. is. a. lndemnityAssociations back. Britannia =t. Steam was. made. the. and Insurance. Report=)that the. of. Institute. hull. policy. of. amount. the. practic･e, additional when liability. help. to. As Director. Chan.ges volt. have. therefore,. of. a. of. the. to. part. i of the. oりapan. the. clause. changes. present. separate･. transition hull. the. of. of collision kindness. the. Cornes. and. of shipowners･' I. policy,. noticed the hull. on. of. been. M･. Mr･. a. the. studァof. wrltlng. published. 0凪ce,. Societァand. lS,. the. captlOned. therefore･ Laws. of Shipowners'Liability Policy ln the U･K･". lns･urance=. Yagyu,. 良 Co･, L･td･ Tokァ0. Hull. in December. series of treatis･es. I started. I have. which "Transition. clause･. Protection. Ass･ociation,. my previous treatise Collision Clause in the Marine of 36, N･o･ 4 of ‖Studァof Non-life Institute. vessel, the insured the. a. of etc･. over. as. personal excess. the. ano･ther. treated. not. Shipowners'Mutual. of treatises. series. to. of colClaus･.e of. or. (differentfrom. between. collision. of the. lnsurance. Ship. one-fourth. been. clause of close connection with collision developed the transitio･n of sllipowners' and with P･ &Ⅰ･ Clubs be of a his･torアOf the would studァof. understanding. R･ules. had. what. time)･. relati･on. changes. to. collision. vessel. protected liabilitァwas. that. previouslァtbe. a. 109. =A･S･G･. the. agalnSt. done. in. vessel. fortunately through obtain, could Department, of lnsurance and Manager. lnsurance･. As. at.. Group as. of No･. clubs (the predecessor. also. and. present lL855･. Development. to. contrary the loss of. damage. I. and subject,. treatises. collision. established. and, better. of. protected the. contract. which. also. old lea鮎ts and Steam Britannia. to. for. cover. 1854. o‖iabilitァfor. on. was,. agalnSt. Act. Shipplng. received hull policy. insurance. my. agalnSt. amounts. l studied laws andthe. policァwere 1iabilitァ1aws. them. protect Merchant. P. &Ⅰ. Clubs.. that. of the U･K･ in. and Study. of Protection days. and traces. countries. Shipplng. by the thre6-fotlrths Collision their liability for loss of life. covered. bァthe. the. major. Protection. Of. orlgln. referred (here･inafter･. shipowners. not. was. of the. aggregate of damage. and. to. the. lnJury･ under the. pro･tect. which. but. London. of. of establishment early Clubs) inthe. to. not. generallァsaid, lision damages. most. purpose. P.&I.. present. ln. existlng protection. the. "the History the report entitled Clubs= (1957) of the Advanceq. clear by Indemnity. the. that. Society(the predecessor InsuranceAssociation) established in the. Ship. protecting of. Clubs. or. the Sbipowners'Mutual. to. Preface. knowledge. common. of. matter. (Part I). sister and. contributed Non-life. bァthe. 19･74･ the. captlOned. the s･ubject,. circumstances.

(2) 2. YOKOHAMA. (222) of development below.. BUSINESS. protection. of. II.. Asre･gards. Clubs. 1.. which. divrect. the. Corporation,. for. shipowners. e鮎ct. marine. andindividual It. is said. Hull. to. establish Clubs such. Clubs. Because lower. above. a. and. than. those. subject by. problem. to. not. yet. provide. can. 1797. case,. in which,. the. privilege. the. Club. provided could Hull. not. Clubs. while. of the. provide became. full to. the. courts. the. the. the. of. companies. shipowners. tO. owlng. such. though. very Port. the. chartered. prompted basis,. London,. became. onlァit. to. shipowners. tbeァknew. that. individual. and. in providing fact bァthe. ･earnest. Clubs. in wrltlng･. timid. were. companies･ were. bythese. charged Companies. premiums. chartered. cove･r･. Clubs,. the. lenient. gradua11y･. v･. severallァbut if. a. club Nevertheless,. ofncially. Millar. admitted. attitude. marine for risks. co･vers･. that. Clubs. these. the. at. serious･ under-. became. can. toward. be the. said end. insolvent, that. very. protectlng. their. member it. toward. attitude 1iabilitァfor jointly,. not. was. circumstances Lee v. Smith. and. attitude. theァchanged. courts. of Such. 1796. case,. their. maintained. companies,. Therefore,. be. in. were. cover･. chartered to bold,. members by the Club･. but. House･. penalties･. such the illegalitァof the Hull regards first but subsequently became at be seen, for example, in 打arrison. severe. Coffee. otherthan. ports. etc･. companies, Assurance. up a COllision clause liabilitァbecame a tbe･ collision individual chartered companies and. collision 19th Of the centurァwben for sbipowners, but the. did. writers As. tbat･. is proved liabilitァbγ drawlng. cover. Lloyd's. not. premiums. basis,. charged. at. Clubs. society,. Chart･ered London. underwriters. non-pro丘t-making. Moreover, the chartered underwriters･ insurance business, these Clubs while bァthe Club required members, which commenced beginnlng･. those. circumstances. to･. corporation,. andthe as. ships. high. non-profit-making. a. of. the. on. illegal. were. their. Clubs･. Hull. that. view. two. except. results bases at. on. the. any. the. charged. that. 1719. such. had. as. it isl. Clubs,. into･ Protection. tO. aS. of individual. who insurance. underwriters. monopolァ･. Act,. about. Protection. of. Corporation. most. discussed. Clubs. instlranCe,. underwriters,. be. Clubs. Clubs. Protection. and. Bubble. the. companies and legislation brought. to. were. of. individual. and. Hull. of opln10n Protection Clubs.. Two. London. Protection of. (1989). Mutual (I) relation between Clubs") which existed since the Clubs and (2) shipowners'1iability. "Hull. as. wrltlng marine ExchangeAssurance. Royal. the above inconvenient. to. from. prohibited. these. two. 3. will丘rst. Protection. of. divergence. by. No･. establishment is, sides,that. Clubs. no. known,. X,. P･良 Ⅰ･ Clubs. reorganization. ancestors. well. i･e･, the. be. Vol.. of. and. Hull. to. seems. Asis. As. the. between. There. was. century. prompted. Relation. were. 18th. of the. into. Establishment. (hereinafterreferred. beginning laws. Clubs. circumstances from them. discuss. to. necessary. Hull. the. REVIEW,. the. of the. to･. the the. admit cover. Club. existence 18thcentury･. of.

(3) Transiti.n.i. Liability. Shipowners･. =owever,. thefield 1719･. of. another for owners･. the. to. cover. the. Clubs,. by. perceived. the. marine. insurance. market,. and. further. successive withdrawal to be dissolved･ compelled In the middle of the liabilities. on. of appreciation the. Clubs. agalnSt. their. the for. natural. in. surance. some. Hull. several Mutual the. for. cover. Partners. Clubs,. of. Society. and commenced Act, 1854 became. between the existence of close relation from fact date the that the of insurance 2･. Shipowners'1iabilities The. owners'Mutual in the the. (I). current. the. at. laws. subject of. in the middle. be. placing. time. on. lack. the. those. which fact 8c Co･. need. Riley. day. very 1, 1855･. Protection Clubsr. Shipowners' same. the i･e･, May. was. as-. Further･. Clubs. is clear. February. 20･. of Protection. shipowners,. and. managlng. which i･e･, the. on. of in-. underwriters insurers were. was. Club,. was. marine. John. that. of. later, it. to. ordinary individual. establishment. liabilities. new. new a. protection. conceive. and. of both. were. to. the. effective, Hull Clubs and. of. the. referred to. operations. year. prompted. perhaps, in. operation. Riley. in. of shipowners'needs,. market. Clubs. which. due,. and. Protection. tbe丘rst. established. Shipplng. placed. companies. Tindall,. withdrew Clubs･ This,. which. shipowners'1iabilities･ is clear fromthe. Peter. switch from. laws. This. underwrite･. to. Clubs. the. of. each favorable. Clubs. gradually in the. underwrltlng. policy insurance. with. the to. Protection. Merchant. new丘eld liabilities･. from. competition. prepared Peter Tindall,. marine. marine. many. passed, insurance･. a. and many insurance. members, Clubs, and. however,. successively. various. they. remalnlng from the. century,. of the found. management. underwrltlng. not. the. 1824. of Hull. remained. subject of shipowners'1iabilitieswi11 Hull managers of declining. their. changing. to. Hull. stlrVIVlng. sbipowners While. the part. on. 19tb. as. risks. them. of. were. shipowners. (223). competlngwith actively more it became result,. and. worse. of. members. were. of risk who insurance market,. older ve§.sels and other imposed heavier burden on. turn,. (T･ Imaizumi). Act,. pro丘tability. conditions,Asa. type. marine. U･K･. the. Insurance. Marine. the. which. premium better. in. 良 Ⅰ. Clubs. individual underand chartered companies for more 100 insurance than which continued. marine. of the. the. P.. of. the. terminated. was. years since insurance companies business the entered in the. Changes. and. tlle mOnOPOlァof. in. writers. Laws. Clubs were. which. passed. Shipthe establishment prompted of The of the centurァand Protection Clubs, Protection Societァand other will be discussed laws from the of transition of shipowners'1iability beginnlng Of 19th. as below･ century Shipowners'1iability for. 18tb. for. and. the under their liability. they. proved. carriers. sacri丘ce.. of. or. damage. to. cargo. by. carried. them. and. damage. collision Since the 18th. enemies,. loss. a. that defect. century, common was･. the British shipowner? law, for loss of or damage. strict as they could loss or damage had been. such ip the. so. cargo. or. the. package. not. liable,. were. as. common. by them,ト cargo carried free form liability unless by an Act of God, Kings' to. be. caused thereof. or. by. a. general. average. 3.

(4) 4. (224). YOKOHAMA. On. BUSINESS. REVIEW,. Volt. X,. 皿arkable. hand, other until the end of the 18th development British law of the concernlng. were. so. the. not. manアCOllision damage irrespective. collision God or fault. the. T血ese. four. both. and. vessels.. have. since. to. of both. collision. vessels, saアbァan damage, (b) when both. collision. damage,. Act. su圧ered. (c) when a collision bァthe collision only,. collision. damage. and. damage. caused damage･. As. to. regards. liability. share. of. while. the. the. of. was. the. vessel,. vessel however,. adopted. only was. vessel which liable for the. of. equal Courts,. principle Admiralty. the. bァthe. adopted. for the. of the vessel which for the collision. the by. liable. not. liable. was. contributorァnegligence. prlnCiples. any without liable for the. of the. was. above,. was. vessels. bァfault. vessel by fault caused. such. (b). toward. subsequentlァcon丘rmed. other. was. of. supplementarァoplnion. were. caused. collision. primiple. both. of. doctrine. a. other. the. were. vessels. a. Act. an. four. was collision caused both were not vessels to blame, tbeァwere. of God,. damage. (e)when. a. and. as. re一. there liable for. courts. of the. no. 182r4･. case,. (a) when. were. principles. Neve. Le. was there liabilitァas. attitude. changed,. mentioned Case, 1815. Sims= v･. vessels. gradually. (1989). COllision held equally was by caused. were. collision However, the. were･. 3. century,. the. of whether. collision liabilitァwbich Stowell in the =Woodrop House in Hay of Lords. governlng bァLord. fault. cases,. both. or. of either liabilitァseems. collision. by. No･. law. common. COurtS.. As. not. stated above, liability for loss of for collision was. or. damage. unlimited. (2) Introduction Though. by. caused. under. either. U･K･. the. the. bヲa. caused. no or. ship or. perso･n. vessel･. more. tort. any. from. forfeiture. June, and. and. board. on. done,. of the. liable. were. liability. their. moreover,. law.. maritime. its extension liability. and. shipowners'unlimited limitation. is･. wllO or. ship. 24th. o-ccasioned said such. their. are,. liable loss. to. was. liability. on. the. master owner. day. vessel･ or. of. or. appurtenances,. or. stones,. act,. from. mariners,. or. owners･further and. thefu1l. and. any. or reason. other. matter,. than amo･unt. or. owners. any one. of. any. embezzling,. any. of. or. the. in-,. taken. them,without value. them,. of. merchandise,. s･aid. of. any. or. orthing,. the. of to. damage 24thday the. of. the. freight. or or. of. privity ship due,. due･. below:. quoted. go･od,. shipped,. afterthe of. as. goods be. shall. is. make. mariners,. June, 1734,. incurred･ or. by or. any. o･wncr. for,. answer. tile freight. of. 1734. be. shall. master. for. or. or. was. amount. Act,. bァthem carried limited to the. cargo. embezzling,. damage. or. to. full. the and Shipowners of. any. or. as. such. jewels,precious the. after. damage. or. vessel. subject. diamonds,. of all. crew,. awaywithby. 1734･ by the. with. of. loss of. orpersons,. any. knowledge. vessel･. the. they. heavy. the. persons,. be. making. gold･ silver,. which put. Or. or. shall. person. secretlng･. or. the. aggregate of the value of the Section 1 of the Responsibilities That. and,. carriers,. but. them. a. shipowners'1iabilitァfor. was. crew. common. necessltアOf their placing development industry was of shipping subse･ Responsibilities Shipowners Act, a the 1734, of liabilitァsァstem was introduced for the丘rst time, and under. shipowners'1imited which. as. by. liabilitァsァsteln. prlnCiple. of promotlng by recog･nized･ and. Act. of their law. common. hold,. to. carried. of sbipowners'1imited in. maintained for the purpose. this. tort. a. the. for manァァears,. quently. bad. onlァsbipowners damage to cargo. or or.

(5) Transition. Shipowners'Liability. of. to. due,. grow. making. made･ in. thereof. during. the. as. awaywith be. shal1. and. for and. Laws. &. Ⅰ･ Clubs. wherein. other. done;. or. P･. of. voyage or. aforesaid,. committed. anァwise. Changes. such. in. law,. U･E･. (T･ Imaizumi). embezzlement,. malversation. any. the. the. of. usage. or. master to. custom. Further, the. in IBIS. to. the. other. limited. by. the. owners. ･. ･. no. ･. Part10Wner. to. answer. of. any. fault wares,. Or. for act, or. thing,. lst of. his. to. as. burden. passed,. his. own. or. ship. if. or. a. vessel,. loss. to. the and Substantial Contrary. to. any. andthe. done,. the. arlSlng. or. which,. put. any. o･ther. the. said. goods,. wares,. ship. or. freight due o･r. which. taking happen the. shipowners, system. extension the laws. of. lnentioned above, prior tO laws, i･e･, Lo.rd Campbell's. in. comparing Germany･. With. shipowners'1iability for limitation providing. only liability damage. amount. to. of. Succeeded. Ship-. of. owners,. liable. or. by. place. was. reason. the. any. goods,. ship or vessel lst of September,might. same. or. other. the. value. merchandise,. to. than. due. grow for,. co･ntracted. was. or. subject. vessel,further or. not. vessel. occasionedwithout. board. on. after. to. vessel. or. owner. be. Or. whichmight. laden. be. should. of the responsible her value her plus. execution. caused. Responsibilities. blame. to. at. for the. and time. during o･f the. damage suffered immediatelァbe･fore. of collision, the value of the vessel to be the value in the of the vessel in collision with by her another vessel owner. cargo. the. and. should. omitted,. owners,. or. or. vessel,. ship damage. prosecution, damage･. or. double. British. or. in. when. was. the. of. be. stlCb. or. vessel,. board. On. even. equivalent on. 1813,. whichmight Of. thing･. or. ship. any. further,. other the full vessel and liabilitァsァstem was,. were, or. loss. or. other. was,. who. thing. owner. September,. Or. their. any or. such. vessel lost, the vesse･1s were. 玉oss. board. on. Of. good. lost in consequence was deemed collision. both. to. persons. matter,. or. any being ln. however,. liability,. (3). Of. other. voyage bapp･enI11ng. France. make. n･eglect,. the. As,. or. prlVlty. afterthe. or. Part-OWnerS,. merchandise,. happen. of. person. ･that. or. to. to. extended. and. cargo. and. crew,. in the U･K･, problem bァthis Act and the. serious. was. due･. ･. the. the. a. 1813. the. ･. was. and. of. extended subseResponsibilities of to by cargo carried. damage. or. aggregate of the value･ of his own The above sbipowners'1imited Merchant Shipplng Act, 1854･ 1 Section of the Act, 1813 is as quoted below: to. contrary. to damages apply damage the crowding also, and blame in collision for loss of or. was. was. which. loss. became. Act,. system damage. wash. vessel. freight. the. for. for. cases. when collision Shipowners of. of the vessel. owner. liability. liability. shipowners'1imited for col王ision but of the. from. excepted. Responsibilities. mariners,. the. Ⅲotwitbstanding.. liability system shipowners'1imited thus introduced its by the the quently scope of application gradually, and Shipowners Act, 1786, it applied damage also to loss of or was by a tort them which causred of those other than their shipowners by丘re･. or. secreting, or. The. were. (225). limitation. negligence bear such. vessel had to freight, w王Iich the. abandonment. was. a. or. of. and heavy severe. system. in. liability as of shipowners･ Merchant the Shipping Act, passing Of 1854, two Act (or the first Fatal Accidents Act), 1846 and the. the. 5.

(6) 6. yoKOHAMA. (226) Harbours,. and liabilitァ･. their Lord. (a). In. U･K.. the. there. to. ceased. exist. the. default had. ensued. not. when. death. wbensoever default, have. act,. the. exceptlOn of death. tO. a. in. and. of. middle of immlgrantS of. substantially. the. dies. to. every. be. 19th. as. the. case. to. liable. neglect,. had. who. action. liable. not. the. in been. have. would. for. or. ensued). damages. reco･ver. and. person an. or neglect if death. act,. act,. (ifdeath. action. of. maintainable･･････. bァwrongful. would. an. Injured,-. person. when. notwithstanding below: is as quoted. be. sllall. caused. is such. such. 1846. and Such. personalact10n, even dead,. was. would for damages, Act,. maintain. shall. pe?on). who. action. be. =Actio. wrongful have been. above by person. an. the. with. a. in. that. the. action Campbell's. shall. was. law. of the increase view doctrine of the common. a. person. default. ensued. the. the. to. common. victim death･. an. person or. neglect,. not. death. the. (1989). passed. the. passed. of. negligence. pa叩injured. had. 3. the. victim's was. by o･f. then. thereof, if death. standing. In. the. No･. were. of. or. which. of Lord. death. the and. respect. the. of. case. caused. proverb. wrongdoer. 1846. 1. is. entitled. liable. the. an. Section. death･. victim's. 1847,. personal action for damages action. the other person, be liable to should. of another. X,. (A. cause. Act,. granted that, in. Act,. old. the. when. wrongful Lord Campbell,s. railwaァaccidents･ law, providing. the. as. the. was. act. Vol･. 1846. persona=. law,. common. Clauses. was. cum. moritur. the. action. Act,. Campbell's. personalis under. Piers. Docks. extend. REVIEW,. BUSINESS. damages,. notwith-. -. the. centurァwhen U･K･ and other. Act. above. the. passed,. was. to the New countries from 1841 to 1854, during the period the peak reaclled (for example, two imm唱rantS from ireland as alone･ to were manアaS. million there about in the U･K･, not of vicarious only the legal principle the New World). Moreover, Duncan v･ case but at the in 1839 by Finlater liability was established already for loss Act, shipowners'1iability of life and time of the enactment of the above. number world. injurアWaS. personal such. the. bァtbe. governed the. circumstances,. Act. above. placed. of common Berwick. (b). 0neァear. passed being. and an. the. cause. the. owner. compensate. potential. Of the above. the sbipowner･ agalnSt Act, 1847 Docks Piers Clauses and Campbell's Of Lord after the passlng this Act,. under. to. obstruction of the. accident,. the. harbour. harbour. harbour,. or. as. port. was. master. dock,. repayment. (section56. thereof the. unlimited･ liabilitァon. Act,. i･e･,in. 1850･. the. Under owners. doctrine. and established (Hutchinson v･ York, Newcastle it became hardly for by doctrine, this possible 1850) and a crew dead bァnegligence his fellow servant tlle Survivors of of. or Injured damages claim. Harbours,. enormous. was. and. was. employment Ry. Co. case,. crew. to. European. law. common. with passengers. vessels･ packed However, shortly after the passlng. of. a. from. pler,. of the. quoted. etC･. expenses. below),. authorities. Act,. 1846,. entitle,a and. to. to. Act. above. remove. claim,. of removal. a and for damage. the. was. anァwreck irrespective. of wreck. was･ shipowner done bァbis. of. agalnSt liable to vessel. to.

(7) Transition. harbour, the. Laws. Shipowners'Liability. of. dock,. own. his. or. Harbollr. master. Wreck. move. any Appro･aches. on. and. and. Vessel. ･or. done. by. Master. through. whose. liable. to. Flo･at. by. the. good sufhcient. impose. Liability. any Vessel. duly. licens･ed. put. This. his. Ve･ssel. Pilot, in. Act. any. whom. charge. was which Of dle incre･ase. such. Time. the. at. shall. such. when. such. Owner. or. Expences,. therewith. Float. or. detain. Timber. of shall. Vessel. such. any shall. of. by. done to. extend. Vessel. any. b･e. also. of Damage. is caused is bound. the. about. contained. the. every. I)amage. connected. Owner. Damage. of any. is do･ne. may. Master. Owner. th･e Amount. herein. nothing Damage upon. such. or. employed. Vessel. Damage. for. glVen. Wreck. for. Works. such. such. that. always･ for. been. The. Person. or. Undertaker. andthe has. of. any. such. pay. Undertakers. any. Quays. Charge. Negligence. same;. by. or. Expenc･es,. the. sell. works･. toth･e. orthe. the. Security. Provided. such. Pier,. and. or. Demand･ to. answerable. Navi-. Harbour. the. securlng. may. orthe. the. Obstruction,. same,. such. on. damage. Timber,. of or. or. the. make. for be. of. impedes. Sale. re-. may. Pier,. or. Wreck,. for. Own･er. the. having. Act. wilful. tO. Master. which. Demand,. on. below)･. I)ock,. the. on. not. 1847. Such. of. Proceeds. the. Float. Person. until same:. of. I)ock,. or. Expences,. shall. or. Harbour,. the. andthe. or. of. the. answerable. Timber. any. Owner. (227) or. negligence. Harbour. Timb･er. removlng. by. if any,. vessel. Vessel. such. to. same,. of. Float. the. (T. Imai2;umi). quoted. Act,. or丑oatlngTimber. such. out. Overplus,. the rendering Owner 74.. of. was. Harbour,. floating. U.E.. the. as. The. etc･. to. any. repaid. of. floatingTimber,. also. Wreck. such. may Nonpayment. in. there. Clauses. Wreck,. Expence be. shall. detain. Master. remove. and. the. and. Piers. and. Obstruction. other. same,. tothe. gatio･n the･reof, floatiI唱T■imber. Docks. may. or. Ⅰ. Clubs. &. (Se･ction74. employees. Harbours,. P.. of. of whether. pュer,etCリirrespective. part of his. 56･. Changes. and. where. be. in. charge. Law. to. employ. of. a. and. of･. Act. the丘rst. of. kind. this. was. passed. in. most. view,. as at that time and of sucll accidents mentioned above Ports Dockyard Regulation Act, 1865, Removal the of orlgln Of the on local based Acts･ Wreck Act, 1877 these other regulations and many new liability on Campbell's Act, 1･846, this Act also placed Like Lord shipto new liabilities arose as owners, but no of shipowners action cope with such. probably, became the. such. (4). liabilities Extension. loss of. of life of. ln. by. probably. were. the or. a. not. serious. personal. the order cope with Campbelrs Act, 1846, Lord. to. liability. shipowners'1imited. to. burden. injury to. system. to. their. liability. for. passengers for. shipowners'liability they. them･. raised damage. agltation. for. loss. of having. life aggravated the. system. of. to by them liability for loss of or their limited cargo carried under Acts, to liability the Responsibilities Shipowners 1734-1813 their extended of Act in bァLord Campbell's 1846, the which resulted passlng Of the aggravated Act, 1854･ Merchant Shipplng. This laws. Act. provided,. which revised and inter alia, that. consolidated the. shipowner's. the. previous liability. sbipowners･'1iabilitァ loss of life of. for. or. to as damage well as that for loss of or cargo, personal injury to passengers, were limited to due, provide･d that, in the value the freight of his vessel and or tO loss life injury personal respect of of of Passengers, the value of the vessel to be less 15 pounds freight not be taken than the per reglStered and should. 7.

(8) 8. (section 504. ton. BUSINESS. yoKOHAMA. (228). No. or. all to. owner. say,) (1.)Where. loss. any in. carTied. (21)Where things. of such. the. due. time. for,. at. of. the. to. at. It. average. &rst. As. stated. in. the. Hull. increased ation=, at. that. to. cover. practical due to. other. improper. the. of to. caused. of. carried. person. any. other. any. navigation boat,. or. ship board. on. whatsoever･. things. improper. such. any to. of. such. Shall. as. to. or. orther. ship. and. the. any. incurred. the. value. the. Merchant. the. British. of. 15. of for. natural. Clubs. to. cope. bァmarine. think. insurance. at. order her. ton. Act,. to change freight to. per. the fixed. reglStere･d. was. ton,. considerably. further. of a heavy. the. or. Amendment. in. 1854. such. with. or. freight. personal clear, as it is. is･ not. above Shipplng. reglStered. to. shipowners. case. life. for loss of life. of vessel and 8 pounds vessels was per. no. of the. and. ship. value. pounds･. in. loss. of. ton･. as. Act,. Shipplng. or. prosecution. say,)that. such. at. which. registered. liability. reglStered Of the Merchant. from. to. ship. voyage. is in. respect. any. per. ton. per. passlng. of. pounds. theminimum. of. in. his. of the. aforesaid. (that is. proviso,. than丘fteen. value. during. ship. events. is. aforesaid. pounds. value. beyondthe. extent. i･e･,. action,. liability･. time･ of. establishment. Club. was drawn clause up above, collision Clubs the 19th century after enterlng Hull Club, bァthe clause used collision. 1.. (see the. and. used. for. the丘rst. cases collision Associ･ Liberal. when =The. on 2 o=Ile A･S･G･ Report), while it is said that page appearing were Lloyd's rather reluctant underwriters time insurance and companies severe liabilitァbecause toward of neLgligence of their attitude collision. in. 1811. crew･. and. shipowners In. aforesaid. caused. any such following. which. Protection. the. by. as. liabilitァcovered. of. time. Of. less. Protection. of. Collision. or. merchandise･. goods,. any. reason. respect. the. liability. tllerefore,. establishment 3･. ther. an. in. liability. shipowners･. was,. on. 15. above minimum high side･. on. is by. passenger,. be. time. the. the. any to. amended. amounts,. being. person. any. injurアis bァreason. aforesaid. to. liability. basis. the. WaS丘Ⅹed. limit. to. is. ship:. as. Ship. or. to. subject. injury. which. to. such. personal. as. Ship. gro･w happenlng. ble taken. Though. that,. any. damage. or. due. such. any. thereof. said 1862. where. (that. privity,. boat:. damages. in. the. of. personal. Injury. is caused. or. merchandise. to. or. contracted where. loss. sea-golng or. sea-golng. answ･erabl･e. freight. is caused. or. cases. boat:. or. Be. lo･ss. goods,. in. shall, fault. acttlal. personalinjury. board. o･f life. of such navigation inany other ship･. any. or. or on. anァloss. (4.)Where. therein. share. ship:. whatsoever. (3.)Where. any. life. damage. any. (1989). 3. 1854. occurwithout. events. of. such. or. Ship. s･ea-going. following. the. of. any. o･f any. Act,. Shipping. Merchanl. 504･. X,'No:. Vol･. below)･. quoted. as. REVIEW,. view, use crew,s. however, and. of. gradually lack. of. the. fact. replaced experience. that,. after. sailing of. steamships. vessels･ collisions. operatlng. Steamships. reached. the. frequently and. also. stage. of. occurred of. the.

(9) Shipowners'Liability. T,ansiti.n.∫. De. in. judgment. done. damage a. unless. IJaWS. Vaux. to. clause in marine policies by The clause used collision Clubs establishment of Protection Clause co.. surance. the. at. Collision. =the. WE,. Ship. said. to. pay. and. shall. into. the. so. paid. of. the. bear. aforesaid. said. Ship. Vessel. or. to. relation as below.. the. clause. of 1824. (including cargo The. above. claus.e. bァLord liable. not. for any. his part, and, in the Collision included collision. the. assured was. damage as. a. lO･アearS. about. case. the drawn those. from. as. already. in. 1824. fact up. from. expressly. the. the under. the. the for. for. vessel accident" to. Sum value. discussed. the. Collision. Collision. four. principles. 1815,. a. shipowner was a fault. were. specially liability. there. of coverlng had be to. which law, irrespective･. ves･sel･. vessel. also･ in the. accident". p･urpose･. common. be. another. the. case,. "by. the. Clause. Sims=. case. model. coverage. of the. of 1824. and. House. the confirmed Collision Clause the above forms of collision Various. providing. to. ves･se･1 unless. words. by. the. the. ves･sel Clause, only. according. insured the. not. "by. another. 1824. insured. Sims･=. Collision. =Woodrop. p∫obablァon. ore the to. held. by. of whether. not･. mentioned,. when. to. of. or. part. the. the words. that. on. fact that. the. tllat among most. his. on. Parts. 2･ above,. insured. =Woodrop. the. carrier. time. Clubs, the of Protection Clause of 1824 will, in in. damage. 2(1) above,. seems. cargo. or. Company. said. bears･. Collision. current. on. cargo from. Clause. common. fault. Judging were,. a. to. Fourth. the. on. collision. damage. collision it therefore,. on. for. to. in. Law entered. forthe. the. of. case. Vessel. or. of. Directors. the. mentioned. the. for. in. mentioned Stowell. as. liable. Ship. Reference. her･ebァassure･d. cargo. from. cones. presumption As. to. but. to. down. run. Court. any. in. become. said. any. of establishment bァthe Collision. covered 1iabilitァ1aws. thereon). 1824･. of. 皿entlOned. there. background. liability. covered. of. Three. of. Pounds. -. In-. Freight. her. collision damage that, different. =t is presumed. -. the. Funds. and. proportion. of-. and. shipowners,. for. (I) IJiability. such. of. Crew,. or. upon. Two. Stock. the. as. Marine. that. thereby. of. value. made of. of. same. almost. agree,. Master shall. Judgment. Award. Capital. the. Sum. the. orモ th･e･. any. general.. movement. Mutual. and. the. of. the. concurrence. pay. and as. orde･r to clarify the limit of damages and. scop･e. was. the. Company,. said. as. of. collision. (hereinafterreferred. covenant. assured. exceeding. of. the. or. policy. a. fairly. when. collision. marine. follows:. as. the. and. pursuance. become. 1824. do. for. under inclusion. the. (229). (T･ Imaizumi). liability. exactly Indemnlty. in. negligence. not. purs･uance. Assuredwith. the. of. in. or. in. or. andwill. shall. In. by. by. being. pay. Freight, by. Equity'o･r. Sum. any. was. The. us,. U･K･. the. policy,. was. oLf. or. that. underwliters. started by used. Vessel,. or. the. subsequently. marine. each. accident. Ship. other. any. her. and. by. and. in. recoverable. the. l･824=),which. ourselves. shall,. in. and its operations. of. of. for. damage. or. up. start. Clause. AND the. drawn. I, Clubs. not. have. to. seems. Indemnlty. was. vessel, was included. &. 1836. case,. etc･. clause. P.. of. Salvador. v･. another. collision. Changes. and. was. above LordsinHay of drawn up and. of liability. which. Collision for. collision. up. four. the. clause above. drawn. was. prlnCiples v･. Le. further. were. after Neve. from. subsequently. Clause, damage. there to. were. cargo. 9.

(10) 10. YOKOHAMA. (230) insured. the. on. also. (2). is. liability. not. the. courts. transition as. or. have. to. construed. injury. personal. have. Should. liability for collision by the Collision Clause. whether. been. the. a瓜rmative. court. this. decision,. covered. while decision･. the. gave. in. problem. the. above. Excelsior. the. problem. v･. these. Dewar. v･. case,. of. attitude. in. above,. in. and. Taylor Though. negative lacked consistencァas. shipowners'1iabilitァ1aws,. Collision. enforcement. so. to. Under the. lnJurアand, had no intention. became limited. to not. limit. view. the. of. maybe. concluded. 20. before. cover. at that time, not and in but in the case carried vessels liable to pay damages the under. not. personalis. cum. moritur was. persona= no. passengers. liabilitァwas, as. amount. of the. one. bro･ugllt. two. cope. suits in. 1860. the above life injurアtO of and personal However, a Lloァd's underwriter. loss. decision. won. in. the. above. onlァthere of death of common law as. mentioned for shipneed. urgent of life and personal Collision Clause have mus･t. for. loss. in vessels subsequently much carried Act, Lord Campbell's 1846 Of shipowners. two. though. in. the. shipowners' Act, 1854, the. Shipplng. their. COntrarアtO. alreadァmentioned. to. measures. the. liability･. such the. only but. years. 1846,. there circumstances, for collision liability draughter of the above. the. than. more. up. the cover. of their. considerablァbigh. the. drawn. by the passlng number liable for loss of life due to their negligence, and liabilitァsァstem was introduced bァthe･ Merchant in. minimum As. Act,. "Actio. therefore,. increased. was. proverb. obtain. However,. was. Campbell's. shipowner. to the according in 2(3)(a)above･ owners. of 1824. manァpassengers. the. passengers,. Clause Lord. of. notァet. were. and. maybe. below. The. of. 3 (1989). for. the. of. Claus･e. judicial precedents. injury. gave. toward. courts. Ⅹ,･ No･. this problem･ express provision were in which was･ disputed the above problem case, in Scotland CoeァⅤ･ Smith 1860, both and. cases. 1860. the. Collision. above. loss of life the. personal bad no. in England. 1864. for. from. clear. case,. cases. Vol･. REVIEW,. liabilitァ･. such. loss of life or of 1824 which The丘rs･t Smith. also, the. vessel. covered Collision lt. BUSINESS. expectation,丘Ⅹed. a. at. 2(4) above･. with the above circumstances, the shipowners･ in order to liabilitァfor shift their collision the. who suits. marine had a disputed. underwriters doubt about in. Taylor. and the v･. the. won. suits･. approprlateneSS Dewar. case,. 1864. the. suit. in view of the above two cases of 1860, Lloyd's underwriters added in the following to the undermentioned the end year words of the collision in to no intention to theァ血ad clause of their marine policies order clarifァthat for loss of life and personal injury, and insurance cover the shipowners'1iability Anyway,. followed. companies ``But. which life or. the. suit･ Agreement is in this Assured. personal. no. case. to. be. construed. as. extending. to. liable to paァor maァbecome shall paァ1n reS･peCt inJurアtO individuals, from anァcause wbatever･=. any. sums. Of loss of.

(11) Transition. Shipowners'Liability. of. Expenses. (3). of. etC･. pler,. Laws. removal. and. Changes. and. of wreck. P･. of. &. Ⅰ･Clubs. was. which. an. in. U･K･. (T･ Imaizumi). done. dock,. dock,. harbour,. to. (231). harbour,. to. obstruction. damage. shipowners'liabilitァfor. the. pier,. etc.. As. the regards been covered. llaVe. tIle. around late. as. 1900. Piers. Merchant. done. harbour,. to. Act,. of Wreck became of wreck. 1847,. Act,. moval. that. be. The. limitation. hun血･ed. and. damage to. to. fixed. or. or. property. under. bァProtection. Clubs･. the. owners. of Act,. Silipplng or. fault. kind,. whether. and. of. Re-. extend. any. or. on o･r. navigation. loss. the. of removal Merchant below:. section丘ve loss･ of. of. respect. shall. Act,. Docks. quoted. by. set. in. land. on. is. ship. privity). ･o･r. improper. o･f the. any 1894,. things,. other. actual. 1900. was. liability. their. 1 of the as･. set. It. Others). and. Section. Act,. Others). and. rights of any. by. moveable,. be. can. probably after the enforcement liabilitァand th･e above the expenses. their. reas･on. etC･. found.. to extended the Harbours,. was. system. pュer,. merchandise,. (without. judicial precedent. was. Mercballt. goods,. where. to. caused. the. of. vessels,. cases. all. liability. liability of. the. of. three. established. were. liabilitァshould. and. (LiabilitァofShipowners. dock,. covered Shipowners (L･iabilitァof. Shipping. Clubs.. it. and. 1877. to. captlOned expenses Clause 1824, no of. Shipping. shipowners･'1imited. Clauses. the. whetller Collision. Protection. when. the. the. that damage. for. time. by. as. question bァthe. or. and apply is damage. or. or. water,. whether the. of. management. ship･. is, therefore, thaⅢ the case question obscurer of collision liability above for loss of life or personal injury as discussed in (2) above, but it may most as below･ concluded probablァbe Tbe. Surely,. the. of replacement progress became larger and speedier,. steamers,. with vessels. the. Steamers, of experience of operatlng damage to harbours, do･cks, pュers, etC･. tra私c, increased, Clauses It was. Act,. liability. heavy. any. the. to. shipowners. the. of 1824 Piers Clauses had. no. the. by. vessels the. with. cases. of. or. where. iron lack. crew's. vessels. caused. the. stranded, obstructlng Harbours, Docks. Of the. passlng. was. the. obtain of. expenses drawn. intention. to. above. there. marine Piers. and Act. was. liabilitァsァstem. of. the. was. not. 1847. neither. any. to. such. for. marine underwriters Moreover, as the. wreck･. such Collision. Harbours,. of the. enforcement the draughter. of the. Docks Collision. above. and expenses as･ well Clause was Collision above. and. of. extended. liability. such. injury. personal. the. time,. from. cover. removal. cover. by. Imposed atthat. up prlOr tO the 1847, it appears that. Act,. for loss of life and. liability. shipowners'1imited to. attempt. Clauses. Clause. as. burden. a. fo･r having nor. liabilitァand. and. that. however,. so. agltation. in the. coupled. number Sank. resulted. and. sailing. 1847.. seems,. not. which. Or. of wooden. as. liability generally. so. construed. (4) The cover insurance lt. bァthe. for collision contract. is generally. judgment. therefo･re,. be. apt. liability the. at. said that of Lawrence, to. suppose. time the. J･ that. when concept in Lucena in. the. treated. the. as. a. Collision. ofinsurable v･ Crauford middle. of. the. separate and additional Clause used of 1824 was interest case,. 19th. was. 1806･. established One may,. centurァthe. cover. ll.

(12) 12. YOKOHAMA. (232) for. liability. collision. However,. no. policies. the. passlng forbidden to. continued. Of. (a) above. became. for. that. more. loo. interest. in the. and. on. a. The. of. that. at. the. time. Responsibilities. yet. gamlng Though. came. of the. reached. Or. Wagerlng. wagerlng kinds. two. the. out. they. llad for. to. extended and. Merchant. bear. Some. type. the. their. managers of insurance. Act. be. in. Fox. v.. 1824. of to. (b). vessel or damage. consequence. Mcrcllant. the. cover. (in-. vessel. tile insurer's bァthe amo･unt.. for collision to bear vessel had liabilitァunder the of. a. Shipping. Act,. 1854･. middle of the 19th century, liability, they could not potential obtain Under marine underwriters･･ the circum-. above,. enormous. was. 1868.. onlァfor. received insured. her. to. a. shipowners, was. another. but. as･. case,. for. of. coverlng the law. agalnSt be treated. insu缶cient. limited. from. the. until. achievlng however, set. at. an. their the. their. above. aim. minimum. unexpectedlァbigh. liabilitァ･ potential Hull Clubs of wI10 perceived to. policy. Clubs. partlァin 1･854･ As,. above. enormous. loss. the. or. classi丘cation a. in Xenos. of the insured of his･ collision. owner. limitation 18]3. such and to. damage. or. sank. etC･. Clause. ins･ured. the. no. for having agltation the shipowners'1imited liabilitァfor loss of life of or personal. an. Act,. therefore,. of liabilitァwas･. Act,. in. glVen. amounts. the. liability. succeeded. Shipplng. liabilitァunder. exist. of insurable. concept. liabilitァshould. loss of. vessels liable, the. bear. to. such first. started. passengers. to. continued. the. deemed. Collision. the. if both. in details. shipowners cover. (b) above. was. was. on. I〉rotection. of. discussed. sufhcient. new. judgment. not. 1745･. century,. collis･ion. for. paid. Shipowners. of. Establishment. 19th. was,. under. damages. the. example, which the insured vessel was a heavァloss, notwithstanding. to. there. established.. Act,. thought. contract. cover. tllerefore,. still. the. amount. century. above. 1906,. 1745. value. for. cover. cluding cargo thereon) and cargo liabilitァfor the aggregate of the insured vessel and of the collision For. the. her. insurance. cover. only(a). three-fourths. system. was. Act,. Act. of the. beyond. the. additional. not. stance･. interest. lnsurance. this. the have. to. Insurance. long,. middle. ship. that. insurance. because. while. seem. a. to. insured. 19th. of the. being undeveloped stage, there owner's interest, liability Interest,. judgment. the. As. time. up. as. damage. or. her. to. an. as. interests. separate. 4.. loss of. that. and. treated. already. years.. s･tated above, intelーeSt Was Still in insurable. before. extinct. As. until. of. (1989). that. or. various. concept. 3. of were illegal on valued policies･ and (b) insurance effected (a) freight beyond or freight was illegal, in the value of such ship also no･ to in the Act, and that e鮎ct the thought ex･press provision while. thought ship. No･. contract,. insurable. Of the Marine by the Marine be used, from. the. were. policies. splte. insurance. that. at. circumstances. that. assert. Before. a. except. Jリthe. to. X,. covered it is sa.id that until the end J･ Arnould, who supported. as. person,. Lawrence,. of. liability. a. as. Volt. and. separatelァ･. stage. was,. REVIEW,. insurance contr･act additional were her liability vessel and collision. separate insured. was. BUSINESS. potential. the. bァtbe. liability. injurァto. passlng. limit. of. amount,. Of. their. the. above. theァbad. shipowners needs liability called out. for to. a. the.

(13) Transition. Laws. Shipowners'Liability. of. members. hull. of the bγ the. covered. Protection. predecessor. the. of. the. same. of. the. of. England. of. the. present. Before purpos･e. of. Original. and. closlng provlng. What. when. Shipplng. Merchant. the. of close. existence the. above. connection In Act. the. and. lndemnltアAssociations. and. 19th. of the. study. were. establishment discussed been. in. Clubs,. Protection. of the. Pro･tection. the. of. the. quoted. as. parts. some. above,. for. be. Societァwill. below.. (TI-e preamble. tlle Succeeding. and Sllip Owners. Mutual. incufred. the. do･wn. Tisk. of- running Policies･ This. to. all. WHEREAS. and. ships. comlng. ln. COntaCtwith. owners. of. the. owners. of the. AND. also. but as. vessels, AND. freight. by. WHEREAS beyond. an. the. value. and. to. ships. vessels. navigation of. such. in. class,. Ship. or. and. sums. of and. freight,. Vie.,. of. or. in-. some. lo･ss of. own. 104,. Cap･. in. probablァwill,. or. their. repairing. vessels: 18th. their. damages and. in. the. tothe. cargoes,. money. their. that. pay. vessels. consequ･enc･e. legally be. cannot. their. ships. ships. to. and. of. happens. ships. board. on. their. of. reason. only. lワth and. and. may,. either of. own. Statute. paァdamages. passengers,. Insurance. their. the. not. or. vessels,. considerable. and. improper. the. damage,. lo･st, by. it often. have. nrst･mentioned. the. Of. to. to. respect. considerable. and. vessels. expend. to. without. wholly. ves･sels;. and. passlng. liable. caused. and. the. of. b･ecome. sometimes. occasioned. aforesaid. owners. the. to. also. ordinarァMarine. hereunto. greetlng･ frequently receive. ships. havealso. liability. and. ∫lo,00.0each･. of. are. ships of. bァthe. cov･er･ed. the. send. are. ships. value. since. injury. personal or. so. the. stances,. other. thefull. WHEREAS. 504,. sect.. very. (ifany). secondly-mentioned. any),. damage. the. adixed. first-mentioned. tO. amountlng fre･ight (if. names. vessels. freights. togeth･er withtheir. 1854,=. come.. shall. Seals. and. extent. the. whose. persons. subscribed. to･. Presents. these. several. not. des･crlPtlO･n Of Vessels,. every. lron,. of. against Act,. Shipplng. Craft,. and. Society. Owners. Ship. =Mercbant. Vessels. paragraphs). million. protecting the. of. admits. built. whom. The. Sect･. other. Society. includiI唱tbose To. 504. the. under. of. purpose. three. Protection. Capitaトone for. established. also. centurァ･. of. has. T■he. not. 1855,. Protection. Shipowners'Mutual. the. was. which. Society(the lnsuranceAssociation) started. the shows Protection Clubs. Protection. of other latter half. of. (233). (the predecessor lndemnitァAssociatio･n) was on operations Januarア1, 1856, and in 1860 the North Association (the predecessor of the present And most established･ lndemnitァAssociation) was. the. the. Deed. (T. Imai2'umi). Ship. and of the Shipowners'ProtectionAssociation. Protecting. Protecting. Steam. England. of. started. predecessors in the established. UIK･. the. Protection. this fact. and. the. West. Clause. i･e･ Maヲl,. verァdaァ,. 1855,. established and North England of. in. excess vessel, such of llull policァ･. Shipowners'Mutual. the Britannia. establishment. present. Ⅰ･ ClubAs. protected. Collision. effective,. i.e.,. year, the. the. Club,. the. on. operations Act, 1854 became between. on. policy. three-fourths. The丘rst. &. and. cover order to mutually but, in case the aggregate etc･ vessel, and of damage amount. P･. of. into Protection Clubs in their Clubs reorganized not injury only the liability for loss of life or personal to done another of the amounts of liability for damage bァthe the insured protected vessel exceeded received. Clubs. their. of. Changes. and. life,. other. or. ships. vess=els:. efEected. upon. consequently. a. ship. ship o･wners. or. llPOn may. 13.

(14) 14. YOKOHAMA. (234). be. they. whieh. The. 3rd. the. and. yet. of. demands. 3. the. (1989). aS. afo･resaid by. thems･elves. Protection. provesthat. paragraph. No･-. arlSlng. ･protect. the. of. ′Ⅹ,. to. able freights:. establishment. Volt. and. b･e. not. and. ships. Club. concept. agalnSt. ordinary. was. I. ln-. the. shownin. o=i左bility. Was. lntereSt. time･. that. at. established. REVIEW,. claims,. andwill. their. purpose. above, not. cannot. upon. LSuranCeS. losses,. heavy. to. subjected. BUSINESS. (8th paragraph) THAT. in. lo･ss･es, claims,r. Of. TeSpeCt hereinafter. mentioned. by. payable to. vessels. the. and. or. :. vessels. value. excess. and. not. paid. doing. by. all. in. and. rateably,. or. the. The. of. such. sum. damage. ･of the. by. covered. toth･e. in. sums. 8. proves. that. major into. developed. of the Clubs Clubs which lndemnitァClub. Changes P･ &Ⅰ･. Club. Protection. the. purpose. been. set. shall and. damage. oppo･site. and. minor. Passing. ships. be. borne. except o･r. their. the. inju工γ n?mes. establishment not. collision of hull. Changes. damages. (a) the. were. protect was. which. not. the. Establishment. the Clubs. 1886 when around both nomina11ァand. have. the. policy･. after of. of to. Protection. Clubs. virtuallァboth of lndemnitァ. establishment. the expenses of removal docks, plerS, etC･, but. of wreck there. were. and also. changes･ of the. Collision. (1) Change. Merchant Clause. Shipplng of. of tlle basis. Responsibilities. Shipowners. of their. vessel. Act,. 1862. and. the. changes. of. her. ●. 1854. Acts, and. limit. the. vessel and Shipplng. Ship･plng Act, of. out. of working. of the responsible Merchant vessel bythe. of the The Merchant. Amendment. 1824. value. value. of. generallァsaid,. Laws. before. for Club and (b) the provision of cover for liabilitァfor damage done to harbours,. the. ships other. aforesaid,. behalf,. Transition. The. to. as. that. had. was,. of Shipowners'Liability Clubs and of Protection. III･. the. their. COntaCtwith. ex･e℃uting these presents, otherthan or the particular ship doing causing. proportion. as or. and. secured. contrarアtO What loss the of one-fourth of agalnSt Collision Clause the three･fourths. shipowners. tbe. ln. costs. and. passengers own. I. or. ships. the injurアShallexceed injury, and the freight (ifany). or. be. to. agreed. by. sustained. to. caused. costs. and. their. damag･e･s. the. also. injury. comlng dalnageS. by. parties. paragraph. above Club. Protection. 1･. be. to･. or. of,their. amount. but. Committee. the. do･ne. iii. presents. dam,ages. onlythe. Injuries. personal. 1-these. aforesaid.. and. other. for. of. aforesaid･. not. cargoes,. or. causingthe. exceedingthe. (as such). owner. consequence. if aggregate･. and. th･e ship. of. the. injury. in. Or. life. done. the. also tO,. owing. their. lo･ss of. of. account. vessels. or. vessels. consequence. aforesaid, vess･els. or. ships. or. ships. aS. arlSlng. into. tak･e. byvirtue. paid. demands. and. of. be. to. sums. shall. owners. otb･er in. payable. the. ascertaining. her. of血ipowners'1iabilitァfrom freight to fixed amounts per. Amendment. Act･. ton. 1862. bァtbe the system established limltlng 1734-1813 of Shipowners'1iability but defects in this system as freight, such succeeded. to.

(15) Transition. difhculty. the that aトa. Act, of. ln. at. to. order was. remedy apd. to. respectively. in. (the registered of steam vessels)･It ton. lightened. bァthis. and. (2). and. that. unfairness. Amendment for. (a) los､s injury were. shipowners'1iabilities. ,(b). vessels. or. personal. their vessel. gros･s. ton. in. was. to. some. the. and. tonLOf. per. shipowners'burden. bythe. Merchant. Shipowners. (Liabilityof. Shipping. As. at,the. Clause. Collision. 1824. of. limited to. Amendment. the｡. case. extent. to. Act,. the. the. meet. 1862. drawn. was. value. their. of. situation. amended. and Of. passlng. the. shipfreight, it. MLerchant. the. to. according. fran°s. gold. when her. ,time. vessel. the. after. was. and. up. Others). and. 1,000. to. the. provisions. Act.. of this At. that. have. time. there. appeared. Clause. were. which Limited. or. by. used Clause. Lloyd's. one. of. 1888. until. it. is further. other. assured, we. will. paid. as. olユr. sum. of. The Collision. which life. or. main Clause. the. freightthereo･f,. the of. of. eight. the. insured. the. used. by. intro-. was. of 1824,. the. poundspeT. ton. proportion. of. bear. to･. has. b.een of. proportion. goods. or. effects. of. the. her. become. may. of were. liable. to. individuals. the. Original not. to. for. shall or. pay any. only(a). that. shall. cause. Lloァd's. in. so. sum. if the value,. and. conse･nt. the. of. parts. Clause. the. of the. of. our. three-fourth. hereby. s･hip berebァ hereby value. th･e value or. board. oLn. ship. registeredtonnage,. three-fourths. contestedwith. also,thatthis. consequence in such interested. value On. into. come. shall in. shall. perso･ns. orinthe. exceeding. such. ship. injury. features. the. rate of el'ght Po.unds prer ton, to declared larg･er sum,then such. a. provided. personal. not. money. rate. like. a. pay paid,. the tO. pay,. shall. insured. insured. the. at. liability of. or. was. Clause. as. clause. is called. Clause. Collision. hereby. ship. subscriptlOIIS血ereto. to. also. incurred,. collision. (this Clause. Unlimited. vessel,and. theAssured. respective. amounts. wewi11. in. the. at. pay. calculated. the. and. sums. calculated. assured, declared where. or. severally. pay,. to. or. vessel, sum. any. ship. or. other. liable. or. ship. of. to. Clause. Lloyd's. if the. agr･eed,that. any. b･ecome. thereof,. clause. time･). collisionwith thereof. seem. which. undermentioned. forms. Institute. the. clause. (hereinafterreferred. l･883. until. when. the. typical. 1883the. after. and. Original And. the. underwriters. (f8 Clause). underwriters for tbe丘rst. is. of collision. of 1824, and Lloyd's Clause. Old. Original Original Lloyd's Clause") the. forms. manァnew. Collision. the. modi丘ed is called. Lloァd's. (235). those.valued. Shipplng. revised. which "the. the. comparlngwith. 8 pounds were 15 pounds above and 3,100, gold francs respectively･ Amendment Collision Clause of血e of 1824. the. (T･ Imaimmi). and. vessels. 19･58, the. Shipplng. duced. said. of. loss of life 15 pounds. (b). sailing. of. be. can. owners'1iabilitァwas became to be unable. to. case. U･耳･. Act･. Incidentally, Act,. the. the. and. in. Merchant. the. this Act. cargoes, etc. (a) 8 pounds. vessels, limited to. Ⅰ･ Clubs. Values favorable. were. under. &. ,the. graduallァobvious･ defects the above. passed,. damage. sum. P･. of. appr()Prlate. smaller. became. sum. 1862. or. a. Changes. and. aSSeSSlngthe. valued. vessels larger In. I･aws. Shipowner8'Liability. of. no. costs. case. ･extend. ln. pay. in in. respect. cases. writing, thereby to. any. Of. loss. whatsoever.. Clause,. the limit. as. the with liability assured's. compared. of the. 15.

(16) 16. damage. had. which. excluded. and. which features. bad. covered. (b) and. (c) above. as. be. and. in. II･3(4)above,. 2･. Extension. above. that. clubs port. or. was. the. crowding 1824 was only. insured. also. vessel The. excluded･ development. subsequent. above. statement. protected latest.. followlng. Protection. the. mentioned Clause･. above. doubtful,. alreadァcovered. bヲa. lea且et distributed. in. the. burden. to. Iタ. part. shipowners. as. Indemnlty later. published. because. damages. Protection. Club. bァThe. 1866. greater. 1870. case･. literatures. many. and. for. though. serious "Westenhope. the. establi払ed,. that, a. not. by. prompted. a. in. as. Clubs. Report. is, however,. lS. express provision 1･868. case,. Lloyd's. liabilitァas. collision. the.re is no. though. Protection. were. claims. were. vessel. for. cover. Fox v. of Xenos was first introduced. 5 of the A･S･G･. above. the. Original. the. whether. Club. of Indemnity. statement･. the. by. provided. werさsubsequently. The. Shipping. of damage. the. on. cargo. with. contract,. in view. such. centurァcargo carriers, being. The. (1989). Clause. of 1824. question. treatment. 19tb. the. Clause. treated. insurance. is statedinpage. common. 3. for collision. that to. relations. have. to. seems,. of cover. (1) Establishment. the. to. damage. or. important. construed. additional Clause, it. the. of. Not. Collision. limited. close. the. regards. in. lt. bァthe. Collision. had. X,. Clubs.. should. separate. bァthe. Vol.. provisions of the Merchant liability for wash damage. covered. coveredrwas for loss of. liability. the. been. of Protection Further, Clause. been. also liability. the. (c) that. and. REVIEW,. to the revised according Act, 1862 but (b)that the. was. covered Amendment. a. BUSINESS. yoKOHAMA. (236). for in. cargo. 1865. Shipowners'Mutual. Society･. The. Sllip. Owners'Mutual. Ships. be. may. Nearlァ250 Shipowners ton,. per to. the. as. same. which. become could. have. ･not. damages. (1)･. Where. carried. (2)･ things. (3)I. inthe Where. so. any. Where. of navigation Ship or Boat･. of. to. the. extent. flo,000. of. each･. pay, by couered. against life. or. in. Ships. as. in. each. und･er, of. respect therein,. after. proportion individual. wbicb. Ships,. protected. Policies. ordinary. clause. collision. rateably,. damages,. such. extent of f15 (even if lost),the. the. Ships. their. of. themselves. to. prot･ected. protected. 0n. far Ships for. Such. taking. into. so. account. theⅡ】selves,. are. personalinjury. is caused. to･. any. person. being. Ship.. protected. board. on. any. loss. such. Ship. loss. or. anァdamage. whatsoev･er,. liable. usual. loss. ton,. per. value. protected,. been. bァtbe illj11rアSuStained. The. is. legally. full value,withthe. their tb･e. for. may. f15. of. of ￡1,275,000･ upwards liable to by law for damages. protected. be. 1856.. for. personally lnay b.e the actual Society bear amongst. this. amount. Membcrs. rate. the. b･eing. of. the. now. whatever. Members. at. entered. are. Society,. Protection. Establisb･ed. of as. is catlSed. anァsucb life. or. personal. aforesaid,. to. allアgOOds,. or. mercbandize,. other. Sbip･. caused. injury to. is, by. any. reason. person甲rried. of. the in. improper any. other. at. sup-. on. the.

(17) Transition. Shipowners'Liability. of. lV血e工e. (4)･. Ship. such. Laws. afo･resaid･ or. merchandize, Rules,. damag･e. or. anアloss. as. andfull. any. 良 Ⅰ･ Clubs. be. may. Ship. obtained. (T･ Imaizumi). improper Ship. application. tothe. on. TINDALL,. (237). navigatioIュOf to. or. other. any. PETER. UIK･. the. Boat,. or. board. on. in. the. of. other. whatsoever,. particulars,. P･. of. is, bァreason to. caused things. other. Changes. and. any. go･ods,. Boat.. or. Manag･ers,. RILEY. A. 17, Gracechurch. CO.,. Street, London.. 1866･. July,. The. (Not･e) As. It. in. llaVing. influence. the. Though. the. it is outlined In. in. Port. This. Town･. The. of. such but. sociation, that. loss. the. was. was. formed. at. the. North. of. Protecting. and. Cltlb already tioned. Indemnlty. were. refused. by. covered. in. tlle. lost. was. to. not. for. pay. WestenhoPe the. was. any. casebook,. a. carried. of the. value. of Lading. in. lost. cargo, in. excep･tlOnS ProtectingAs-. a. onthe ex. small. past. Cape. tot. journey. Shipowner. although. SouthAfrican. been. return. ente･red the. reimburse. Rules,. the Bill. the. on. rely. to. in. ofEth･e had. of cargo which quantity on be discharged the. and,. Association. Protecting. 1865. grounds. gratia. payment. result increased. prompted became Clubs and. later. form. the. the. above. sLLrOng. Indemnlty. was. to. by. and,. Association. amalgamated North of. with England. Association)A lndemnltアrisks. by. were. タブ. was. the. the of and. entered, Shipowners'Mutual it. therefore, became. a. being. that. (thisAssociation. =Westenhope. case. Report. above. establishment of Indemnity Owners Mutual Protection. if the. in. risks. We5t･enhoPe. could. Directors. Indemnity. aS. navlgation damage. crowding. below:. quoted. compelled. they. Newcastlein1874. Iタ. Anァwaァ,. or. in. mentioned. improper. found. be. cannot. to. The. Steamship. covered before,. =Westenhope. a. deviation･. for. the. in. made･. even. which. as. intended. that. England. However,. board. on. not. movement. the. a. was. stated. result,. as. the. eventually. is also. the. a. vessels=. to 5 of in page referred division in Protection. case. it. as. call･edthe. ship. was. and. holding. respect. Report. Shipowners. Court. the. case,. ship. ■Elizabeth. is obscure. above a. ships. of the damage. wash. to,. or. Societァas. of Indemnity. establishment. case. had. for. ‖owing. tbe･ words. other. above. =bァreason. enumerated for Indemnity. belo･w.. as. 1870, ho:wever,. Coast･. It. the. the. of. =Westenhope=. the. the. on. above. Deed. Were. covered.. which. Report had the A･S･G･ Clubs be discussed will. With. COntaCt. words･ damages. thus. aforesaid=, to be also. become. Next,. bァthe. replaced. (4) that. case. 1855･. agalnSt for cover. provided. the. ln. comlng Original. the. of. as. from. I10te. their. of,. were. to. but. 1856. not. protected. (2) clearly. case. be. correctly. damages. the. the. of interest. paragraph. Sho･uld. leanet,. (4),and. consequence. II･4, above of such Ship. establishmerlt. above. to. is also. 8th. the. (1). cases. risks･ or. in the. seen. in the. of. year. seems. motive. the. not. Clubs. a. bァtbe covered fact that such Protection. to. of covering. =Westenhope=. Protection. not. it is. be. accurate. which. say. as. were men-. that. the. risks.. shipowners' had. risks. Society to. ‡ndemnlty case,. Protection. so. far. interest not. in. covered. 17.

(18) 18. yo･KOHAMA. (238). REVIEW,. BUSINESS. Vol.. X,. Not. 3. (1989). tO COVer Protection Indemnlty ClubsL risks, while Such established Club been Indemnlty had risks separated already coverlng Such which Clubs P. 良 Ⅰ. Protection Club. Thus, the foundation of the modern ､vhich liabilities Club to cover both Clubs, i･e･, Protection third party of ship-. such clubs. risks. from have. (a). liability. due. de･mise-cbarterers･. or. owners. for. crew. as. This. case. developed. on. hand,. one. inclus･ion. the. shipowners. Hague. (2) Extension As. in. stated liability. and. quently Act,. 1877. As, etc.. however,. was. did. not. tection. such. cover. passed Acts these. were. liability. as. Protection. and liabilitァand. well. Society,. of. the. such. Two. hundred. extent. Calls,. 1870. above. subse-. of Wreck Merchant. of the Act･ Many. harbours,. local. docks,. Shipping clause. and. (Liability policy Pro-. of wreck, their. extended below. quoted. plerS,. hull. of. of removal. as. expenses. shipowners'1iabilities. Collision. expenses. Shipowners'. Removal. Merchant. Protection. Shipowners'Mutllal. insurance. mutual. of for. ent･ered. and. liability. Established For. made,. the. the. cover. the. of were. expenses. not. Society･. T血e. Ships･. above丘rst. the. which. 1847, and. 534. to. of P. 良 Ⅰ. Clubs. leaflet. the. Protection. owners'Mutual bァthe covered. the. as. divisions. expenses･ however, to. According,. and. the. the. the. of. 1900. for. against Own･ers. risks. 425. Ships. f3,150,000, reckoning of. anァnumber losses. in丘fteen. have. years,. not. tons,. not. averaged. by ordinary policies 2p10,000 tons pro･tected ton･ Ships may f15per. on. covered. have. now. liability. their. registered. Soci･etア,. 1855,. extra. of. at. lO･00tons. exceeding two･. about. pence. eacb･. per. to. be The. tonper. annum.. By the. the. Merchant. followlng. damages. to. the. Acts. Shipplng. eV･entS extent. occur,the of. f8. 1854. Owners or. f15. and of for. in. 1862, the each. Ship to･n. cases. their. time･. and. Act,. graduallァaggravated･ to for damage done. enforcement Act,. Others). such. Clubs. the. until. providing. also. were. regulations. or. etC･. Piers･ Clauses. modify. shipowners'1iability. unlimited Shipowners and. of. to. that. for. and 530. to. modifying. wreck. plerS,. 1865. Act. after. of. bァSections. replaced. were. and. and Act,. Sea. was. in. lading. bills of. the. up. removal docks,. inserted. was. by. drawn. Act. the丘rst Docks. Regulation. later. on. Acts. these. under. done. Ports. been. expenses of to harbours,. Harbours,. the. based. regulations. have. II･2(3)(b)above,. was. was which Act, 1,894. Shipplng. the. at. Dockyard. the. Carrlage to. seem. passed. in. Club. recommended bills of lading. their. Clause. Clauses･ Of Goods. exceptlOn. the. when. Negligence. the. Report･. Indemnity. 良 Ⅰ･ Clubs･ in. by. clearer A･S･G･. the. of. the. casebook･),etc･,. the. unless. of cover for damage. 1iability. the. made 7. (see page. P･ other hand, Negligence Clause. complicate. 1924. used until Rules, was. of. their. cover. was. the. on. amount. the claim reduced bills of lading･ The were. but. in any. to. their and liabilities. vessel. time･. owners. 1876. case,. found. be. cannot. also. "Emily". the. case,. that. at. established for cargo. was. of their. navigation Club Indemnity. (b). and. employers. for cargo owners as carriers, As the shipowners'1iability "westenhope". improper. to. where･. in. fault. of. her. are. all. or. any. answerable. registered. of in. tonnage,. to. Shipyet.

(19) Transition. her. whatever liable. are. lo･ss,. real. on. carriedinsuch Where. (2･). Where. (3･). Where. such. as or. Ordinary damages and. sometimes. Ships. other The. not. ow･n. done. by. full. value. In. cargo, the. of an. wrong-doing･ or. protected. cases,. Rules,. Forms. to･. Ship. in. After. ation. iIISuranC･e. of. ･extent. other. Ship. not. to. goods,. boat･. or. loss. cover. to･. loISS Of. or. whole. any. extend. damage. of. navigation. any. the. 4,. cas･e. so. much. her. or. have. the. protected. O･Ⅲ. been. her. own. done. damage. or. loss･. the as. covered for. damage. o･r. shall. S･bip. is. liability. f30. of. cargo,. not. th･e. exceed. by. a. ber. co･11ision. full. value･.. Society. the. unlimited,. ton･. per. particulars. be. may. on. obtained. to. application. TINDALL,. steam. 3(D). for. provided. expenses,. and,. Act,. became. which the. the. tile motive. in l･871 established Association was incorporated as. that. below. quoted. for. cover. the. Hull. a. in. abo,ve Associliability and. of the. above-mentioned passing Of the Removal. of. cover･. such. Ship. Insurance. Class. 3･-Protectio,n-Ownership. Machinery. Association, Risks.. Iron. 芝oth Februarythen. 2.-Freight. ". /､. )〈､ノへ^ノへ/＼. Risks･-The. Machinery Steam next,. Ships, and. Risks.. Risks･. ､､ノヘ〈ノ1仙〈､ノ…/へ/へJrV･LtM/…･ー(ノヽ_,W. and. 1876･. Limited･. Class. from. afterwards. /-＼一一＼/㌔_/｢/p^､/㌔. Members the. date from. tOthe given contrary, against all risks usually Perils Hull and Machl'nery･ including of the Seas･. of of. year. /へノへ/へ/∼/㌔. this. their tor. Club. entry year. mutually until. llnless. Club. 1876･. BRITANNIA. l･-Hull. and. Britannia. the. as. the. of pro･viding. Class. others,. into. merged. Incorporated Steam. each. was. 1871.. l･-Hull. 良: Co., Brokers.. was. 1881. of. THE. Class. and. Society. above. it appears. therefore,. E5tabli5hed. of the. vessels, leanet. of the. RILEY Insurance. 1870･. JuNE,. Association. iron. expres･sly. the. improper. other. any. E.C.,. section. insurance. of Class. sure. carried. would. not. Shipowner's. andfu1i. STREET,. steamer. the. Ship. 1877. other. improper. in. or. injury,. Shipp. any other ShipL, and could. LONI)ON,. The. or. the. of. boat,. or. Ship 17, GRAC玉:CHURCH. owners. reason. or. Ship. PET-ER. for. being. person. Man;唱erS,. the. Steam. o･ther. themselves, amongst rateably, the damages l･e･gallyliabl･e･ to pay, up･oll the protected loss o･f life, personal injury, loss o･f or damage. to. the. Entry,. of. any. merchandize,. person. board. personal frequently. for. the. where. pro･tects its Members. no. maァbecome. ordiI-arアpO･1icァof. certain. is, by. orモ the. on. 1, 2, 3; and,. ca5･eS. pro･tect･ed Ship. the. in. clause. in. to. goods,. any. other. life,. arlアindivid11al Member to blame tonnage of his Ship her. to･. whatsoever,. tbat. to. they. and. if. as. (239). cargoes. Society bear. of this. Members. any. reason. any. any, and. their. and. lost;. not. extent,. is caused. injury. the. On. or. same. (T･ Imaizumi). say･. to. is.I by to. lost. the. U･K･. the. Ship;. personal. damage. fo･r loss of. payable. or. things. other. to. is to. in. be. she. is caused such. caused. lnSuranCeS. whether. afo･resaid, caused. or. aforesaid,. merchandize,. cargo,. loss. any. Ship. loss. life. as. Ⅰ･ Clubs. personalinjury. any. of. Ship. such. navigation Sbip or boat;. (4･). loss. any of. &. occasion,. that. or. or. board. o･n. and. arisen･･. o･f life. P･. of. separate. had. damage. any. whatsoever,. be,. every. any loss Ship;. Changes. and. may. and. damage. Or. Where. things. value. each. 1nJury･. (1･). to. Laws. Shipowners'Liability. of. noon. notice. ino･f be. by covered marine po･1icies on War risk, Fire, Pirates, Barratry,. Wreck. 19.

(20) 20. (240). YOKOHAMA. and. three-fourths. with. liberty. All the. pay. tow. Returns. are. Continental. average are Averages tO. in. the. th･e丘rst. Other. of. Crew's. for. inthe. port. Bordeaux. days. thirty. Profes･sional. Averag･e. but. tOthe. places,. if. respectively'as. Unit･ed. Kingdom,. inclusive,. for. upwards. in. or. repalrS. that. Staters, ironwork. period. and. after. scraping,. six. years. most. of. the. co･st. days. Forelgn. a. in. or. Gfte･en. or. port. areallowed. o･f one-sixth,. years. old; of. are. coating,. accord-. respects Hull. and. Machinery. tO. of TePalrS. deduction. a. or. painting. in. deduction. a. is made･ The one-third in full until it is three. of. is allowed. and. are. Members. the. afterthree. years is made･. one-third, in. allowed. sLettled. or. cent･. more. full during. if lost. the. have. o･f his. insured. sum. such. are. heard. made. are. to. made. meet. payto. amount. payments. of･ the. upon. ten. policy･ Member,. any. liability,. allfurther. last. were. are. account. the. releas･e. from. they. Calls. and. under. to. power. Steamer･. day. the. on. Committee･. the. Steamers. where. repalrS･. average. as. by. weekly. of. Committee. withdrawal agreed. Of. purpose dealtwith. are. cases. allowedinccrtain. on Settlements month･ every alternate &c･･ if the Club's Repairs, proportior-i. for. The. arc. provisions. for. port. Steamers. Claims. loss,. the. on. terms. on. be. to. or. sale, mutually. upon･. Class. insurance. Class. be. commenced. Freights. the. of. Ship VIZ.. A･-Loss. Owners. of life. or. damag･e. any. 1882, for. the. above.. is for Out. arlSlnLq. to not. or. the. mutual. any. of. Of. the. done. the. boat,. or. protection followlng. the. to. any person. or. elsewllere;. in. which. liability, the. of. in. named. the. extent. Clause. for. her. in. compulsory. also･ in. and Laws. Foreign. Members. of. this. an. cases. Steamer thereof. one-fourth. in-. ordinarァpo･1icァof. full value. Harbours,. no. protected. Buo･ys, the. of in lS. statutory to. of. and. the. any. certain. limlrfed. done. Sub-. or. Wreck. these･. not. of damage. provide are. clause.. protected. the. removal. which Club. the. of. navig.able rivers Or Waters: the Shipowners'1iability. Acts,. next. board. on. whether. the of. Steamer. protected. whatso･ever,. Jetties,Structures,. alsothe from. to. Steamer. o･f the. navigation. co･11isioII. Piers,. and. Shipping. operation. cargo,. us･ual. Steamer. Merchant. her. or. Docks,. to. cas･es. other. Ship. navlgation. as. except. the. prot･ected. Cables;. protected. Steamer. protected. things. o･ther. improper. bァthe. on. marine. improper or. by. Ship. covered. D･-Damage. the. elsewhere,. caused. other. suranc･e. the. ill anアOtber. or. merchandize. goods,. any. by. caused. damage. Or. by. caused. Steamer,. said. Steamer. such. by. the. under. comlng. limitation extent. of. of. f30. tOn･. Per Returns. Club. as. of life.. salvage. or. to. injury. personal the. o=1ear. also. C1-IJOSS. Risks･-This. time. :-. in. B･-Loss. for. Liabilities. against. February,. Both. onthe. Steam･ers. of. 3･-Protection･-Ownership. Steam. events,. Risks･-To. 2･-Freight. mutual. of. scale･ equitable Machinery and. ln. six years,･ after. ･except. wages in. Missing. per. all. year･. detained. ments. by. one･sixth,. repairs, first. the. in. and. but in those proportion, engaged during the winter months,. an. and. detained. d･eduction. a. years. deduction. times. (1989). Trades,. Hull. r･emalnlng. Lloyd's,. at. (Boilersexcepted,) a. all. 3. theAssured･. Hamburg. adjusted. usage. ten. to. by. required. tllOSe. No･. repalrS.. full during. after. to. X,. at. same. Sea. the. on. St･eamers between. as. well. under. 1ng. when. ports. as. the. according. is allowed. made. in White. and. contributions. insured･. separately. Collision,. by. tosses. Baltic,. average. Vol.. towed.. to. contribute. additional. REVIEW,. don･e be. to. and. American･. Particular. more,. damage. of. to. Steamers North. BUSINESS. are. allowed. to. Steamers. laid. up,. for. thirty. consecutive. days. or. more,.

(21) Transition. Shipowners'Liability. of. in. any. P･. of. Kingdom,. Bordeaux. and. Changes. and. United. the. of. port. Hamburg. Laws. or. on. &. I･ Clubs. in. the. the. Co･ntinent. UIK･. Club. Rules,. on. which,. forms of Proposal. with to. application. RILEY. Marine. Street,. and. other. Managers,. the. TINI)AIJL,. A. Co.,. Insurance. Brokers.. E.C.,. IJOndon,. 3･. between. Europe. of. (241). inclusive.. For further Particulars see information, may be obtained. 17, Gracechurch. (T･lmaizumi). June,. 1881.. Supplement Tbe. scope. cover. of. stated. in. the. United. by. 1880. provided around Association in (establis王1ed T血us,. Prote･ction. 1869). Clubs･. the. as･. wbicb. above Kingdom in. stated. lea且et. 1881. of. 5 of the. page. is. Steam. Mutual. same. ShipI. A･S･G.. started. scope. as. that. Assurance. Report.. operations with the narrow in II･4･ bァaround 18･80 to stated above extended the cover P･ I･ the foundation & Clubs be the of modern may said to. cover. that. as. the. of. extent. have. been. established. Last, to. the. leaflet. protected policy, collision. I wish. of. vessel, was. to. 1870, wbicb. Class. to. the. 3･C･. excess. could. of be. not. covered, while, according damages be not which could. was policy covered･ liabilitァbecame to. within. refer. about. This be. tenァears. from. covered. bァthe. to. the. as. 1870. a. that. separate to. lea且et bァtbe. covered. means. change. treated. collision. lea触of above damages over. of the. value Claus.es. 1881,. of. According. the. Collision. of. the. of bull. the･ one-fourth of Clause of血ull. Collision. theinsurance and. 1881･. additional. cover. for. insurance. 1881.. Professor 【Takatada lmaizumi, Of Yokohama NationalUniversity]. lnsurance,. collision contract. 21.

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