(The B Atlantic) The court was asked whether Flaux J was right to find that the owners of a ship were entitled to be indemnified by the insurers in respect of the constructive total loss of the vessel under war insurance after detention ‘by reason of infringement of any customs . . regulations’
Held: The appeal succeeded. There was no foundation for the implied limitation. Clause 4.1.5 operated to exclude liability.
Laws, Christopher Clarke LJJ, Sir Timothy Lloyd
[2016] EWCA Civ 808, [2016] WLR(D) 456, [2016] 2 CLC 349, [2017] 1 WLR 1303, [2016] Lloyd’s Rep IR 565, [2016] 2 Lloyd’s Rep 351, [2017] 1 All ER (Comm) 401
Bailii, WLRD
England and Wales
Citing:
Preliminary Issues ComC – Atlasnavios-Navegacao, Lda v Navigators Insurance Company Ltd and Others ComC 29-Mar-2012
Trial of preliminary issues in an action in which the Claimant claims under its war risks insurance for the constructive total loss of the vessel ‘B Atlantic’ (‘the Vessel’). Between 7 and 12 August 2007 the Vessel loaded a cargo of coal at . .
At ComC – Atlasnavios-Navegacao, LDA v Navigators Insurance Company Ltd and Others ComC 8-Dec-2014
The claimant’s vessel and its crew had been detaiined after illegal drugs were found to be attached to its hull in port in Venezuala by ship crew members. The ship owners asserted effective total loss. . .
Cited by:
At CA – Navigators Insurance Company Ltd and Others v Atlasnavios-Navegacao Lda SC 22-May-2018
The vessel had been taken by the authorities in Venezuela after drugs were found to have been attached to its hull by third parties, Six months later it was declared a constructive total loss. The ship owners now sought recovery of its value from . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.567828