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Bayview Motors Ltd v Mitsui Marine and Fire Insurance Company Ltd and others: CA 7 Nov 2002

Two consignments of motor vehicles were protected in transit by a marine insurance. They were misappropriated at the port of landing. The insurers appealed a finding that the cars were still insured.
Held: The theft by an officer of the state did not amount to a seizure. The transit clause had to be looked at as a whole. It referred to movement to a named destination. Where the consignment was to go to one place and then another, cover only ended under the clause when collected by the consignee.

Judges:

Tuckey, Hale, LJJ, Sir Denis Henry

Citations:

Times 02-Dec-2002, Gazette 09-Jan-2003

Statutes:

Institute Cargo Clauses

Jurisdiction:

England and Wales

Citing:

UpheldBayview Motors Ltd v Mitsui Marine and Fire Insurance Company, Ltd and others ComC 23-Jan-2002
Two consignments of motor vehicles had been misappropriated by customs officers at Santo Domingo. The insurers under a marine insurance policy resisted payment on the basis that the cover was concluded.
Held: The occurrences giving rise to the . .
CitedJohn Martin v Russell 1961
‘The third argument, however, was that that was not a final warehouse within the meaning of the clause. On that point I have come to the conclusion that the plaintiffs are right; that it was not a final warehouse. The first and elementary . .
Appeal fromBayview Motors Ltd v Mitsui Marine and Fire Insurance Company, Ltd and others ComC 23-Jan-2002
Two consignments of motor vehicles had been misappropriated by customs officers at Santo Domingo. The insurers under a marine insurance policy resisted payment on the basis that the cover was concluded.
Held: The occurrences giving rise to the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Transport

Updated: 26 May 2022; Ref: scu.178296

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