Claim following total loss of a mega trailer hopper dredger, the WD Fairway. The underwriters say that they had impliedly accepted the abandonment and exercised their rights to take over the vessel pursuant to Sections 63(1) and/or 79(1) of the Marine Insurance Act 1906. That implied acceptance and/or exercise of rights was confirmed when the insured offered to purchase the vessel from the hull and machinery underwriters for 25 million Euros, which offer was rejected.
The underwriters say that in these circumstances they were entitled to possession of the vessel and to call for registration in their name. They also say that the insured held the vessel on trust for the hull and machinery underwriters, alternatively that the hull and machinery underwriters had an equitable lien on the vessel in their respective proportions.
Tomlinson J
[2009] EWHC 201 (Admlty), [2009] Lloyd’s Rep IR 540
Bailii
England and Wales
Cited by:
See Also – Dornoch Ltd and Others v Westminster International Bv and Others AdCt 29-Apr-2009
The vessel, a mega trailer having been lost, the underwriters claimed rights in it having paid under the policies, and the owners tendered notice of abandonment to the hull and machinery underwriters. The next day underwriters declined to accept . .
See Also – Dornoch Ltd and Others v Westminster International Bv and Others Adct 17-Jul-2009
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Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.347098
