The ‘BLAIRMORE’ was sunk by a storm while moored in San Francisco Bay and abandoned to the insurers by her owner. The assured pleaded that the cost of raising and repairing the ship was such as to make her a constructive total loss at the time of the notice of abandonment. After the notice of abandonment the insurers raised her at their own expense and when sued for a total loss contended that by the time action was brought the loss was only partial: she would no longer have cost more to raise and repair than she was worth, because she had already been raised at their expense.
Judges:
Lord Halsbury
Citations:
[1898] UKLawRpAC 37, (1898) AC 593
Links:
Jurisdiction:
Scotland
Citing:
Appeal from – The Sailing Ship ‘Blairmore’ Co, Ltd v Macredie SCS 4-Jun-1897
. .
Cited by:
Cited – Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others v Connect Shipping Inc and Another SC 12-Jun-2019
The Court was asked as to the construction of the phrase ‘constructive total loss’, and in particular the calculation the expenditure to be taken into account in computing the cost of recovery and or repair, where notice of loss had been served . .
Lists of cited by and citing cases may be incomplete.
Transport, Insurance
Updated: 06 April 2022; Ref: scu.675526