
The word "average" in insurance has two meanings depending on whether one is dealing with marine insurance or other property insurances.
Marine insurance
Here the word "average" means "partial loss" and it is qualified by the word "particular" or the word "general".
(a) Particular average refers to a partial loss affecting one particular interest, e.g. the hull or a particular consignment of cargo. The policy may exclude or "be free of' particular average meaning that partial losses affecting the individual, rather than all involved in the maritime venture, are excluded. Sometimes partial losses under a certain percentage, say 3 per cent or 5 per cent of value, are excluded. New cargo wordings available since 1982 do not contain this clause.
(b) General average refers to a loss which is partial when looked at from the total values at risk in the adventure (although it could be total for one individual). If this loss was incurred voluntarily in order to save the whole venture, and this sacrifice was successful in so doing, then all parties to that venture will share the loss
Non-marine property insurances
Here the word means to share the loss and is a device used by insurers to combat under-insurance. If there is an average clause on the policy the insured will, or may become, an insurer for the proportion underinsured, and share in contribution. The most common forms of average clause are given under the three headings which follow.
Pro rata condition of average. This is applicable almost universally to fire and theft policies.
If a sum insured is low compared with the value at risk, the insured will have contributed too little to the common pool, i.e. sum insured x rate per cent instead of value x rate per cent. In order to correct this imbalance, policies subject to the pro rata condition will only pay such proportion of the loss, as the sum insured bears to the value at risk, i.e.
Sum insured Loss
Value x - 1-
Where first loss insurances are arranged (see above) the sum insured cannot be used as it had been agreed that it will be substantially lower than the declared value at risk. However, the latter is a factor which the underwriter takes into account in fixing his rate, and average is sometimes incorporated into these insurances on the basis of:
Declared total value Loss
Actual-total-value- x -1-
Subject to the limit of the first loss sum insured.
The special condition of average Here a 75 per cent condition of average is applied to agricultural produce at farms. In this case the insured will share in the loss only if the sum insured is less than the stated percentage, i.e. 75 per cent of the value as insured (i.e. indemnity) at the time of the loss. If average does apply it is the pro rata condition as dealt with immediately above which applies. A similar form of the application of average applies in reinstatement insurances (see Chapter Nine) where the percentage is 85 per cent.
The two conditions of average this clause is used for fire insurance on stock in certain warehouses. It would be applied to an insurance covering stock in several situations or of several types, when there was a possibility that other policies might be in force covering more limited situations or more limited types of stock. The second condition states that the wider ranged policy does not insure what is more specifically insured by the narrower ranged ones and for the application of pro rata average as stated in condition one, the value at risk is construed accordingly. The more specific policies must deal with the loss first.
Claims payment
Except in liability cases, when payment is made direct to the third party and solicitors, most claims are settled by payment to the insured. In rare circumstances the insurers may exercise their option to repair or replace, but this is discussed in Chapter Nine when dealing with indemnity. If payment is not made to the insured, it may be made:
(a) To his legal representative, e.g. in death claims, or when a person is a minor, or bankrupt or of unsound mind;
(b) To any person to whom the insured has assigned the proceeds of the policy, e.g. he may instruct the insurers to pay the building firm direct in the case of building repairs;
(c) To another party by order of the court-by a garnishee order-but this is rare.
Claims agreements
It frequently happens that an insured has a right of recovery under his policy and also from a third party by way of tort, statute, custom of trade, or contract. In these circumstances the insured will usually intimate the claim to his company and subrogate to them his rights against the third party. Alternatively he may recover from the third party and so be denied his claim

