The cargo, Manchester cotton goods, was insured against marine risks from London to Maracaibo ‘warranted free from capture and seizure.’ The vessel was grounded off Maracaibo and became a constructive total loss. Ninety-five per cent of the cargo was damaged and there was no means to carry it on. The day after, the goods were condemned as prize by the occupying Spanish forces and unloaded. The court was asked whether the goods had been lost by the insured peril, perils of the sea or rather by seizure, which was excepted. It was held that the goods were lost when the ship was lost.
Held: The argument that the seizure should be regarded as the proximate cause of the loss was rejected by the court.
Judges:
Best CJ, Park, Burrough JJ
Citations:
[1824] 2 Bing 206
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 . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 06 December 2022; Ref: scu.251809