Andersen v Marten: HL 3 Jul 1908

A ship was insured against perils of the sea under a time policy for total loss only, and ‘warranted free from capture, seizure, detention, and the consequences of hostilities.’ She carried contraband of war and was seized by a belligerent cruiser. While under control of the captors she ran aground and became a total loss, partly in consequence of damage which she had sustained by perils of the sea before capture. After the ship’s total loss she was condemned by the belligerent prize-court.
Held that upon the date of the capture there was a total loss by capture which the policy did not cover.

Judges:

Lord Chancellor (Loreburn), Earl Of Halsbury, Lords Ashbourne and Robertson

Citations:

[1908] UKHL 693, 46 SLR 693

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Transport

Updated: 26 April 2022; Ref: scu.621515