Insurers were liable for other damage to ship hull if there had been more than a latent defect in it. In Inchmaree clauses in English law, ‘damage’ usually refers to a changed physical state.
Judges:
Hobhouse LJ
Citations:
Times 10-Apr-1997, [1997] EWCA Civ 1358, [1997] 2 Lloyds Rep 146, [1997] CLC 966
Links:
Jurisdiction:
England and Wales
Citing:
Reversing on appeal from – Promet Engineering Pte Ltd v Sturge and Others; The Nukila ComC 24-Oct-1995
An Inchmaree clause didn’t apply if a welding break caused no damage to the other vessel.
cw Insurance – Inchmaree clause – scope – latent defects – patent defects – separate parts of insured property. . .
Cited by:
Reversed on Appeal to – Promet Engineering Pte Ltd v Sturge and Others; The Nukila ComC 24-Oct-1995
An Inchmaree clause didn’t apply if a welding break caused no damage to the other vessel.
cw Insurance – Inchmaree clause – scope – latent defects – patent defects – separate parts of insured property. . .
Cited – Pilkington United Kingdom Limited v CGU Insurance Plc QBD 28-Jan-2004
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers . .
Cited – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 06 November 2022; Ref: scu.141754