Kuwait Airways Corporation and Another v Kuwait Insurance Company SAK and others: HL 11 Mar 1999

The airline’s airplanes were taken in the invasion of Kuwait. The company sought to claim on its insurance.
Held: This was a matter of construing the particular terms of the insurance contracts. As regards the claims under the insurance policies for spares, the Airline is entitled to recover from the Underwriters in respect of the loss of spares, subject to the maximum value set down.


[1999] UKHL 12


House of Lords, Bailii


England and Wales


Appeal from (varied)Kuwait Airways Corporation and Another v Kuwait Insurance Company Sak CA 21-May-1997
. .
CitedCory v Burr HL 1883
”Seizure’ seems to be a larger term than ‘capture’ and goes beyond it, and may reasonably be interpreted to embrace every act of taking forcible possession either by a lawful authority or by overpowering force.’ . .
CitedAnderson v Martin 1907
Takings at sea had been covered and the subjects of marine insurance–ships and cargoes–are properly treated as objects of war to be taken in prize or by way of reprisal: this was the meaning of the word ‘capture’ in marine insurance policies. . .
Lists of cited by and citing cases may be incomplete.


Updated: 31 May 2022; Ref: scu.158996