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ARRIVAL Definition & Legal Meaning

Definition & Citations:

In marine insurance. The arrival of a vessel means an arrival for pur- ]>oses of business, requiring an entry aud clearance and stay at the port so long as to require some of the acts connected with business, and not merely touching at a port for advices, or to ascertain the state of the market. or being driven in by an adverse wind and sailing again as soon as it changes. Gronstadt v. Witthoff (D. C.) 15 Fed. 265; Dalgleish v. Brooke, 15 East, 295; Kenyon v. Tucker, 17 R. I. 529. 23 Atl. 61; Meigs v. Insurance Co.. 2 Cush. (Mass.) 439; Toler v. White, 1 Ware, 2S0, 24 Fed. Cas. 3; Harrison v. Vose, 0 How. 384, 13 L. Ed. 179. “A vessel arrives at a port of discharge when she comes, or is brought, to a place where it is intended to discharge her,-and where is the usual and customary place of discharge. When a vessel is insured to one or two ports, and sails for one. the risk terminates on her arrival there. If a vessel is insured to a particular port of discharge, and is destined to discharge cargw successively at two different wharves, docks, or places, within that port, each being a distinct place for the delivery of cargo, the risk ends when she has been moored twenty-four hours in safety at the first place. But if she is destined to one or more places for the delivery of cargo, and delivery or discharge of a portion of her cargo is necessary, not by reason of her having reached any destined place of delivery, but as a necessary and usual nautical measure, to enable her to reach such usual and destined place of delivery, she cannot properly be considered as having arrived at the usual and customary place of discharge, when she is at anchor for the purpose only of using such means as will better enable her to reach it. If she cannot get to the destined and usual place of discharge in the port because she is too deep, and must be lightered to get there, and, to aid in prosecuting the voyage, cargo is thrown overboard or put into lighters, such discharge does not make that the place of arrival; it is only a stopping-place in the voyage. When the vessel is insured to a particular port of discharge, arrival within the limits of the harbor does not terminate the risk, if the place is not one where vessels are discharged and voyages completed. The policy covers the vessel through the port navigation, as well as on the open sea, until she reaches the destined place.” Simpson v. Insurance Co., Holmes, 137. Fed. Cas. No. 12.8S6.


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