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 notice of abandonment but agreed to place the assured in the same position as if a writ/claim form had been issued that day. This is time honoured and common if not universal practice.
Tomlinson J
[2009] EWHC 889 (Admlty), [2009] 2 Lloyd’s Rep 191, [2009] Lloyd’s Rep IR 573, [2009] 1 CLC 645, [2009] 2 All ER (Comm) 399
Bailii
England and Wales
Citing:
See Also – Dornoch Ltd and Others v Westminster International Bv and Others AdCt 12-Feb-2009
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 . .
Cited by:
See Also – Dornoch Ltd and Others v Westminster International Bv and Others Adct 17-Jul-2009
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2021; Ref: scu.347099 br>