A policy insured a ship but not its cargo against total loss upon a voyage ‘at and from any port or ports . . on the River Plate to any port or ports . . in France and/or in the United Kingdom (final port) . . via any ports in any order.’ The last of the ship’s cargo was discharged at Havre, and the captain then proceeded to Cardiff to coal. On the way there the ship was wrecked upon the Scilly Isles. The owners brought an action against the underwriter for the sum covered by the policy. Held that ‘final port’ meant the port where the cargo was discharged, in this case Havre, and that the voyage terminated there. Held further (Lord Dunedin dissenting, and Lord Buckmaster reserving his opinion) that where a printed form of policy is used which but for alterations in writing would include both ship and cargo, in construing a policy confined to the ship alone the printed words though inapplicable to the particular policy may be looked at to determine the character of the adventure.
The decision of the Court of Appeal ( Bankes, Warrington, and Scrutton, L. JJ.) reversed. The judgment of Bailhache, J., restored.
Judges:
Lords Haldane, Dunedin, Atkinson, and Buckmaster
Citations:
[1920] UKHL 713, 57 SLR 713
Links:
Jurisdiction:
England and Wales
Insurance
Updated: 14 June 2022; Ref: scu.631508