(‘The Captain Panagos DP’) The ship ran aground in the red sea. While aground it suffered a major fire. The owners submitted a claim on the basis that it was a total loss, or in the alternative, that they could recover a partial claim arising from each event. The underwriters said that each loss had been connived at or procured by the owners.
Held: The claim was rejected. The vessel had been deliberately run aground and then set on fire.
Evans J defined a fraudulent claim as ‘one which is made on the basis that facts exist which constitute a loss by an insured peril, when to the knowledge of the assured those alleged facts are untrue’.
Judges:
Evans J
Citations:
[1986] 2 Lloyd’s Rep 470
Jurisdiction:
England and Wales
Cited by:
Cited – Versloot Dredging Bv and Another v Hdi Gerling Industrie Versicherung Ag and Others SC 20-Jul-2016
The ‘DC MERWESTONE’ suffered a water ingress of water flooding the engine room. This resulted from (i) the negligence of the crew in failing to close the sea inlet valve of the emergency fire pump and drain down the system, after they had used the . .
Lists of cited by and citing cases may be incomplete.
Transport, Insurance
Updated: 21 May 2022; Ref: scu.623436
