The claimant’s vessel and its crew had been detained after illegal drugs were found to be attached to its hull in port in Venezuela by ship crew members. The ship owners asserted effective total loss.
Held: The owners were entitled to recover from insurers. The cause of the vessel’s loss was the malicious act of unknown third parties in attaching the drugs to the hull, and the exclusion of detainment, etc ‘by reason of infringement of any customs . . regulations’ in clause 4.1.5 was to be read as subject to an implied limitation where the only reason for such infringement was such an act.
Flaux J
[2014] EWHC 4133 (Comm), [2015] All ER (Comm) 439, [2015] CN 59
Bailii
England and Wales
Citing:
Preliminary Issues – 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 . .
Cited by:
At ComC – Atlasnavios-Navegacao, Lda v Navigators Insurance Company Ltd and Others CA 1-Aug-2016
(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 . .
At ComC – 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.539960
