The owner sought to claim under his insurance policy. The yacht was, in the policy warranted to be fully crewed at all times. The owner had left the boat to return a few hours later when it was found on fire.
Held: The insurance claim failed. The phrase implied that at least one crew member would be on board at all times: ‘As a matter of natural and ordinary language, for the vessel to be ‘fully crewed at all times’ while laid up alongside a berth, there must be at least one crew member on board her 24 hour’, though ‘The warranty obliged the defendant to keep at least one crew member on board the vessel 24 hours a day, subject to (i) emergencies rendering his departure necessary or (ii) necessary temporary departures for the purpose of performing his crewing duties or other related activities.’
Judges:
Gross J
Citations:
Times 02-May-2006, [2006] EWHC 429 (Admiralty), [2006] 1 Lloyd’s Rep IR 704
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Simmonds v Cockell 1920
The insurance policy warranted that the premises would be always occupied. The premises were damaged while the insured and his wife were absent for a few hours.
Held: The warranty did not require a permanent continuous presence, and the . .
Cited – Dodson v Peter H Dodson Insurance Services (A Firm) CA 24-Jan-2001
The driver was insured under a policy in his own name which referred to a particular vehicle, but which also provided him with third party cover when driving another motor vehicle with the owner’s consent. He disposed of his own car, but asked . .
Cited – Brownsville Holdings Ltd v Adamjee Insurance Co Ltd (‘The Milasan’) 2000
A 90 foot motor yacht sank in calm weather in the course of a voyage from Piraeus to Sardinia with a crew of three: a skipper, an engineer and a deckhand.
Held: The owner’s insurance claim failed. There had been a breach of warranty in these . .
Cited – Sharp v Sphere Drake Insurance plc (The Moonacre) 1992
S, a retired businessman, had bought a vessel and insured it in his name, but registered it in the name of company, R. In the winter, the boat was laid up, but occupied by a workman who maintained it and kept it secure. The boat was destroyed by a . .
Cited by:
Cited – Pratt v Aigaion Insurance Company SA (‘the Resolute’) CA 27-Nov-2008
The court considered the interpretation of a term in a contract of insurance to the effect that ‘Warranted Owner and/or Owner’s experienced skipper on board and in charge at all times and one experienced crew member.’, asking whether ‘at all times’ . .
Lists of cited by and citing cases may be incomplete.
Transport, Insurance
Updated: 21 July 2022; Ref: scu.240176