SURABLE INTEREST ; INSURANCE ; POLICY ; WARRANTY.
2. Under a marine insurance the risks are frona a certain place to a certain other, or from one date to another. The perils usually insured against as " perils of the seas" are —fire, lightning, winds, waves, rocks, shoals, and collisions, and also the perils of hostile capture, piracy, theft, arrest, barratry, and jettisons. 1 Phillips, Ins. 1099 et seq. Bnt a distinction is made between the extraordi nary action of perils of the seas, tor which underwriters are liable, and wear and tear and deterioration by decay, for which they are not liable. 1 Phillips, Ins. 1105. Perils of lakes, rivers, etc. are analogous to those of the seas. 1 Phillips, Ins. 1099, n. See, as to sea risks, Crabbe, 405 •, 16 Eng. L. & Eq. 215 ; 22 id. 573 ; 27 id. 140 ; 29 111 ; 32 id. '68 ; 33 id. 325 ; 34 id. 266, 277 ; 36 id. 109, 455 ; 38 id. 39; 7 Ell. & B. 172, 469 ; 4 Rich. Eq. So. C. 416 ; 18 Mo. 198 ; 23 Penn. St. 65 ; 32 id. 351; 28 Me.
- —414 ; 2 Paine, C. C. 82; 16 B. Mmr. Ky. 407; 4 Du. N. Y, 141 ; 6 id. 191, 282 ; 13 Miss. 57; 11 Ind. 171; 1 Bosw. N. Y. 61 ; 3 Dutch. N.J. 645; 13 Ala. 167; 6 Gray, Mass. 192; 35 N. H. 328.
8. Underwriters are not liable for loss oe co.sioned by the gross misconduct of the as sured or imputable to him ; but if a vessel is seaworthy, with suitable officers and crew, underwriters are liable for loss though occa sioned through the mistakes or want of assi duity and vigilance of the officers or men. 1
Phillips, Ins. 1049. Underwriters are not answerable for loss directly attributable to the qualifications of the insured subject, hide, pendently. of the specified risks, 1 Phillips, Ins. c. xiii. sect. v., or for loss distinctly meal; sioned by the fraudulent or gross negligence of the assured.
4. Insurance against illegal risks—such as trading with an enemy, the slave-trade, piratical cruisers, and illegal kinds of busi ness—is void. 1 Phillips, Ins. N 210, 691. Policies usually contain express exceptions of some risks besides those impliedly except ed. These ina'y be—in' maritime insurance, contraband and illicit, interloping trade, vio lation of blockade, mobs and civil commo tions ; in fire policies, loss on jewelry, paint. ings, sculpture, by hazardous trades, etc.; in life policies, loss by suicide, risk in certain climates or localities and in certain hazard ous employments without express permission. 1 Phillips, Ins. 55, 63, 64. See Loss ; TOTAL Loss ; AVERAGE.