Miller's Marine War Risks

Page 180


Sue and labour


22.1 The insured may recover from the underwriter in respect of expenditure incurred as a result of an insured peril, where that expenditure is, or is part of, the measure of indemnity. This chapter is concerned with the recovery of expenditure which is not part of the measure of indemnity but is incurred to avert or diminish loss covered by the policy. The S.G. Form contained a centuries-old provision which permitted the assured to sue and labour, but did not oblige him to do so, namely:

… And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards, and recovery of the said goods and merchandises, and ship, etc., or any part thereof, without prejudice to this insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.

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