It may also be in favor of A, or whom it may concern, but those general words will only apply to a person with an interest in the subject and who was in the Contempla tion of the contract ; Bauduy v. Ins. Co., 2 Wash. C. C. 391, Fed. Cas. No. 1,112 ; Hooper v. Robinson, 98 U. S. 528, 25 L. Ed. 219 ; Duncan v. Ins., Co., 129 N. Y. 237, 29 N. E. 76 ; if such person has authorized or adopted it ; Sanders v. Ins. Co., 44 N. H. 238. The intention of the insurer need not have fas tened upon the very person, who seeks to take the benefit ; an intention covers a person who takes such relation to the insurer as brings him within the clauses of the policy ; Duncan v. Ins. Co., 129 N. Y. 237, 29 N. E. 76. See Haynes v. Rowe, 40 Me. 181. The insurance "on advances" is distinct from the ship itself ; Providence Washington Ins. Co. v. Bowring, 50 Fed. 613, 1 C. C. A. 583, 1. U. S. App. 183.
As to who may be insurers in a marine policy there is no special rule.
An insurance on a ship named makes the latter a part of the contract and no other can be substituted, but a cargo may be changed from one ship to another ; 3 Kent 257; and the master may be changed.; Wal den v. Ins. Co., 12 Johns. (N. Y.) 138. An insurance on the ship includes everything ap purtenant to it; Boulay-Paty iii. 379; 1 Term 611, note. An insurance on goods need not name the ship, but may be "on any ship or ships ;" Eimer. i. 173 ; 2 H. Bla. 343.
Marine policies in England and this coun try usually contain the words "lost or not lost," and in such case they cover losses al ready accrued as well as future ones ; Com mercial Ins. Co. v. Hallock, 27 N. J. L. 645, 72 Am. Dec. 379. It is so without the words in other foreign countries ; Roccus, de Ass. n. 51; 3 Kent 259 ; and it was said by Story, J., that "it would be so without reference to the words" ; Hammond v. Allen, 2 Summ. 397, ,fed. Cas. No. 6,000.
The most perfect good faith is required in this contract with respect to representations, warranties, and concealment, as to all of which see the several titles.
The insured is required both to pay the premium, and to represent fully and fairly all the circumstances relating to his subject matter of the insurance, which may influ ence the determination of the underwriters in undertaking the risk or estimating the pre mium. A concealment of such facts amounts to a fraud, which' avoids the contract; 3 Kent 282.
Where a policy covers a loss by perils of the sea or other perils, the insured may .re cover for a loss occasioned by the negligence of the master or crew or other persons em ployed by him ; Copeland v. Ins. Co., 2 Mete.
(Mass.) 432 ; General Mut. Ins. Co. v. Sher wood, 14 How. (U. S.) 351, 14 L. Ed. 452 ; L. R. 4 C. P. 117; Phoenix Ins. Co. v. Transp. Co., 117 U. S. 323, 6 Sup. Ct. 1176, 29 L. Ed. 873.
Peril's and L088. Insurance on goods car ried on of an inland river steamer, ac cording to custom, and lost, may be recover ed ; [1904] 1 K. B. 252 ; but there can be no recovery for loss occurring as a result of pushing through dangerous ice by the master of the vessel ; Standard Marine Ins. Co. v. Transp. Co., 133 Fed. 636, 67 C. C. A. 602, 1 L. R. A. (N. S.) 1095.
As to the perils insured against generally, see PERILS OF THE SEA; RISICS AND PERILS; and as to the different kinds of marine poli cies, see Potacy, Loss.
If, before the termination of the adventure, the assured has parted with all interest in the subject-matter of the insurance, he can not recover on any loss subsequent to his transfer of the property ; L. R. 7 Q. B. 302; and the insurer can take, nothing by subroga tion but the rights of the assured ; Hall v. R. Co., 13 Wall. (U. S.) 367, 20 L. Ed. 594; The Potomac, 105 U. S. 630, 26 L. Ed. 1194; Mobile & M. Ry. Co. v. Jurey, 111 U. S. 584, 4 Sup. Ct. 566, 28 L. Ed. 527.
Sue and Labor Clause. This clause, com mon to all marine policies, protects the as sured in times of dander and allows him to incur expenses for repairs or salvage up to the value of the property saved without af fecting his rights under the policy. See 22 L. Q. R. 406.
England codified marine insurance in 1906.
Accident Insurance. That form of insur ance which provides for specified payments in case of an accident resulting in bodily injury or death, as distinguished from cas ualty insurance, which is a term applied to insurance against loss or damage to proper ty occasioned by accident. Employers' Lia bility Assur. Corp. v. Merrill, 155 Mass. 404, 29 N. E. 529. A foreign corporation, al though an accident insurance company, has been held authorized to issue "horse or ve hicle policies," "elevator policies," "general liability policies," and "outside liability poli cies ;" id.
Accident insurance is intended to furnish indemnity against accidents and death caus ed by accidental means, and the language of the policy must be construed with reference to that proposition. In case of doubt the construction should be liberal in favor of the insured; Healey v. Acc. Ass'n, 133 Ill. 556, 25 N. E. 52, 9 L. R. A. 371, 23 Am. St. Rep. 637.