A broker who has effected a policy, and has a lien on it for his premiums, may be compelled by the assured to produce it on the trial of an action against the underwriters, and he is a competent witness (notwithstanding his lien), to prove all matters connected with the policy. A policy was effected ‘at and from Singapore, Penang, Malacca, and Batavia, all or any, to the ship’s port of discharge in Europe, with leave to touch, stay, and trade at all or any ports or places whatsoever and wheresoever in the East Indies, Persia, or elsewhere, ande. upon goods in certain vessels, beginning the adventure from the loading thereof aboard the said ships as above.’ The ship took in part of her cargo at Batavia, then went to Sourabaya, another port in the East Indies, (not in the course of a voyage from Batavia to Europe, and not specified by name in the policy,) and took in other goods, then returned to Batavia, whence she afterwards sailed for Europe, and was lost by perils of the sea: Held, that going to S. was not a deviation, and that the goods there taken on board were protected by the policy.
Citations:
[1830] EngR 98, (1830) 10 B and C 858, (1830) 109 ER 667
Links:
Insurance, Transport
Updated: 02 May 2022; Ref: scu.320978
