In a dispute between insurers as to who should bear the loss, it was held that the loss should be borne by the wharfinger’s insurer because ‘the primary liability’ was that of the wharfinger. The customary strict responsibility of a wharfinger for the safe custody of goods entrusted to him by customers was held to be primary and his liability for the loss of the goods by fire was not discharged by a payment under the customer’s insurance policy.
References: (1877) 5 Ch D 569
Judges: Baggallay JA
Jurisdiction: England and Wales
This case is cited by:
- Cited – Caledonian North Sea Ltd v London Bridge Engineering Ltd and Others HL 7-Feb-2002
Substantial personal injury claims had been settled following the Piper Alpha disaster. Where a contractual indemnity had been provided under a contract, and insurance had also been taken out, but the insurance had not been a contractual . .
(, Times 13-Feb-02, , [2002] UKHL 4, [2002] 1 LLR 553, [2002] Lloyds Rep IR 261, [2002] 1 All ER (Comm) 321, 2002 SLT 278, [2002] CLC 741, 2002 SC (HL) 117, [2002] BLR 139, 2002 SCLR 346, 2002 GWD 6-178)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.191162