A ship was insured under a time policy which contained the warranty ‘No St Lawrence between 1st October and 1st April.’ Between these dates she called at ports within the Gulf but not within the river St Lawrence, and she was subsequently lost within the period for which the policy was current. Held ( rev. judgment of Second Division) that the warranty imported, according to its natural meaning, that the ship would not during the currency of the policy enter either the river or the Gulf, that no custom of trade limiting the meaning of the words to the river was established, and therefore that the warranty having been broken, the assured was not entitled to recover.
Judges:
Lord Chancellor, Lord Blackburn, and Lord Watson
Citations:
[1884] UKHL 590, 21 SLR 590
Links:
Jurisdiction:
Scotland
Insurance, Transport
Updated: 27 June 2022; Ref: scu.636743
