“This clause was first introduced into the English [marine-insurance] policies about the year 1749. Before that time the insurer was liable for every injury, however small, that happened to the thing insured…. The memorandum clause … usually declares that the enumerated articles, and any other articles that are perishable in their own nature, shall be free from average under a given rate, unless general, or the ship be stranded. In consequence of this exception, all small partial losses, however inconsiderable, are to be borne by a general average, provided they were incurred in a case proper for such an average ….” 3 James Kent, Commentaries on American Law *294–95 (George Comstock ed., 11th ed. 1866).
memorandum clause
memorandum clause. A marine-insurance clause protecting underwriters from liability for injury to goods that are particularly perishable, or for minor damages. [Cases: Insurance 2235, 2241. C.J.S. Insurance §§ 1195–1196, 1199–1203, 1208, 1211–1214, 1216–1217.]
