A commercial fire policy which broke its warranties and provisions into sections did not evade cover when a breach of one section did not withdraw cover because that section excluded the provisions of the Act. Citations: Times 03-Feb-1999, [1999] EWCA Civ 683 Statutes: Marine Insurance Act 1906 33(3) Jurisdiction: England and Wales Insurance Updated: 30 … Continue reading Printpak v AGF Insurance Limited: CA 29 Jan 1999
The defendant made a claim under an insurance policy. The insurer made an interim payment, but then asserted that the claim was fraudulent, and sought recovery of the interim payment. Held: At common law, fraud in an insurance claim, once established, affected the entire claim. The whole claim was forfeit, and the interim payment was … Continue reading AXA General Insurance Limited v Gottlieb: CA 11 Feb 2005
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Judges: Roch LJ, Tuckey LJ, Mance LJ Citations: [2000] EWCA Civ 220, [2000] 2 Lloyd’s Rep 350, [2000] CLC 1534, [2001] Lloyd’s Rep IR 141, [2000] 2 All ER (Comm) 193 Links: Bailii Statutes: Marine Insurance Act 1906 33 Jurisdiction: England and Wales Citing: Cited – Forsikringsaktieselskapt Vesta v Butcher HL 1988 A contract of … Continue reading Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) v V Catatumbo Seguros (a Body Corporate): CA 20 Jul 2000
The effect of breach of an insurance warranty is automatic, rather than dependant on any acceptance or election.Lord Goff of Chieveley said: ‘So it is laid down in section 33(3) that, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty. Those … Continue reading Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck): HL 1992
An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea. Held: The fact that the sea conditions were within the range of what might be expected did not mean that the court must conclude … Continue reading Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009
The owners of the ‘MERCANDIAN CONTINENT’ had obtained judgment in earlier High Court proceedings against a Trinidadian shipyard for damage caused by negligent repair work. Jurisdiction in the earlier proceedings had been founded on an agreed submission to the jurisdiction of the English court. The yard’s liability insurers appointed solicitors to conduct the defence on … Continue reading K/S Merc-Scandia XXXXII v Underwriters to Lloyd’s Policy 25T 1054 and Others: CA 31 Jul 2001
The court considered what expenses were to be taken into account in assessing whether there had been a total loss of a ship. Judges: Sir Geoffrey Vos Ch, Simon, Hamblen LJJ Citations: [2018] EWCA Civ 230, [2018] 2 All ER (Comm) 575, [2018] WLR(D) 104, [2018] 1 Lloyd’s Rep 285, [2018] Bus LR 1333 Links: … Continue reading Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others v Connect Shipping Inc and Another, Re Renos: CA 19 Feb 2018
The claimant took out insurance on its fleet of ships (the Star Sea). It had been laid up in its off season. The ship’s safety certificates were renewed before it sailed. It was damaged by fire. The insurers asserted that the ship had been unseaworthy, and that that was causative of the fire, and that … Continue reading Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd and Others: HL 23 Jan 2001
References: [2002] EWHC 2601 (Comm), [2003] 1 All ER (Comm) 277, [2003] 1 Lloyd’s Rep 296 Links: Bailii Coram: Tomlinson J Ratio: The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others (Kastor Too”): ComC 4 Dec 2002″
