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An insurance policy covers goods in ships from Kolkata to Visakhapatnam. Goods are carried in a…

Illustration (a) to section 95 says that where goods insured under such a policy are shipped in a particular ship which is lost, the fact that that ship was orally excepted…

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An insurance policy covers goods in ships from Kolkata to Visakhapatnam. Goods are carried in a particular ship which is lost. Under BSA section 95, Illustration (a), may a party prove that the ship was orally excepted from the written policy?

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Correct answer B

Illustration (a) to section 95 says that where goods insured under such a policy are shipped in a particular ship which is lost, the fact that that ship was orally excepted from the policy "cannot be proved". Such evidence would vary the written terms between the parties, and neither the timing of the loss nor the number of witnesses changes that.

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