The vessel was first taken captive and then lost. The insurer said that actual loss was caused by the capture, which was excepted.
Held: The right to claim as a constructive total loss had not been affected.
Citations:
[1908] 1 KB 601
Jurisdiction:
England and Wales
Cited by:
Appeal from – Andersen v Marten HL 2-Jan-1908
The ship was a total loss by capture before she became a wreck by perils of the seas. . .
Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
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 vessel was beyond repair when she sank, and was therefore . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 01 May 2022; Ref: scu.251757