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:
Jurisdiction:
England and Wales
Insurance, Transport
Updated: 26 April 2022; Ref: scu.621515
