ABSTRACT

The war risk cases on “consequences” all arise out of the f.c. & s. Clause of the S.G. Form, where the standard form of the warranty included the words “and the consequences thereof or any attempt thereat”. It is suggested that the cases of the S.G. Form continue to be authoritative. The question as to what is a “consequence” of an insured peril simply involves identifying whether the proximate cause continues to operate. Although “any attempt thereat” has for many years figured in the War Risk Policy, there is not the wealth of decided cases as there is with “consequences”. In Butler v. Wildman, the Captain of a ship threw a quantity of dollars overboard in order to avoid them falling into the hands of the enemy, which was pursuing his vessel and subsequently captured it. Abbott C. J. considered that it was a loss by jettison, or that it was ejusdem generis with the named perils.