ambler case pole against Fitzgerald value policy free of average on a  privateer go on a cruise for four month the crew mutiny and bring the ship  home a fortnight before the cruise so insure will have determine hold the  policy not break see park on insurance see the case cite bro p c in note Octo  Edn S c bro p c oct Edward page in the house of lord that Feb and saint march  on writ of error in the house of lord from the judgement of the exchequer  Chamber which have reverse the judgement of the court of king bench question  be whether the policy of insurance which be on a privateer for four month  cruise be break and forfeit by reason that the crew mutiny and bring the ship  home a fortnight before the time the judge give their opinion seriatim and all  with the judgement of the exchequer Chamber except the four judge of the king  bench videlicet lee chief justice who be ill and can not attend but send word  so to the house wright justice Dennison justice and foster justice Lord  Hardwicke chancellor then deliver his think there be three sort of insurance  one proper and two improper saint the proper insurance be call a open  insurance d interest or no interest d a value policy the present be of the  last sort but be make free of average so that the insurer be not liable but in  case of a total loss I be of opinion there be in this case only a partial loss  the insurance be on the ship furniture c and not on the cruise nor on the ship  capacity to cruise the word cruise be nowhere mention but under that part  where liberty be give to sail to any part c and it be proper a liberty to  cruise it be necessary to take notice of the intention to cruise because that  be a extraordinary peril and if it have not be mention it will be a fraud on  the insurer like a person insure his ship when it be on a voyage know it to be  in extraordinary peril or to have suffer a damage and do not communicate it to  the insurer it be a fraud ambler the whole question depend on the word free of  average it be impossible to say here be a total loss the mutiny of the crew be  to be sure within the policy but only a fortnight of the cruise be interrupt  and that at the latter end of it and be the same as if such interruption have  be at the beginning or in the middle part of the time suppose the policy have  be a open one such a interruption will have be only a average loss in such  case and if it will on a open policy it be strange to make the same accident  amount to a total loss on a value policy free of average this be in my opinion  decisive of the question as the present policy be free of average and the loss  be only partial the policy be not break the judgement of the exchequer Chamber  be accord affirm with pound cost note the case of Dupaisba v be cite at the  bar but that be ambler er p on a open policy de paiba v Ludlow common Rep S  bro p c Oct Edward