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Report No. 21

Clause 76

General.-This deals with the general provisions as to measure of indemnity and is in a sense residuary provision.

Application-securities sent ay post.-Insurances on commissions and on securities sent by registered post insured in marine policy form are covered by this section.

Clause 77

General.-This deals with "particular average". As to "particular average", see section 64 of the English Act.

F.P.A. (Free from particular average),-Where the subject-matter insured is warranted "free from particular average" (F.P.A), the assured cannot recover for loss, of a part except in certain cases provided by this section. Salvage charges (section 65 of the English Act)' and general average expenditure (section 66 of the English Act) are, however, recoverable, as expressly provided in this section.

Percentage franchise and excess.-For a discussion of "percentage" and mode of application of the rules relating thereto, see the discussion in the undermentioned book.1

1. Dover, p. 280.

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