Terms of an insurance policy for the very nature of the loss may require a particular method of computation or process of quantification of loss before payment is due. Ordinarily, the right to the indemnity accrues as soon as the loss has been suffered. The result is that ‘it is not a condition precedent – it is not a fact which must exist and be pleaded – that the plaintiff has quantified the amount of his claim; or even that all the facts exist at the date of the writ which will enable the proper amount of the claim to be determined.’ These are ‘matters of evidence, not prerequisites of a cause of action.’
Judges:
Megaw J
Citations:
[1963] 2 LLoyds Rep 64
Jurisdiction:
England and Wales
Cited by:
Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
Cited – Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others v Connect Shipping Inc and Another SC 12-Jun-2019
The Court was asked as to the construction of the phrase ‘constructive total loss’, and in particular the calculation the expenditure to be taken into account in computing the cost of recovery and or repair. . .
Lists of cited by and citing cases may be incomplete.
Transport, Insurance
Updated: 28 March 2022; Ref: scu.251753
