A marine insurance policy covered ‘perils of the seas,’ ‘in port and at sea, in docks and graving docks, and on ways, gridirons, and pontoons, at all times, in all places, and on all occasions.’ Clause 7 provided – ‘This insurance also specially to cover . . loss of or damage to hull or machinery through the negligence of the master, mariners, engineers, or pilots, or through explosions, bursting of boilers, breakage of shafts, or through any defect in the machinery or hull.’
The pin of a shackle broke whilst a boiler was being lifted into the hold and damaged the hull. The owners claimed under the policy.
Held that the damage was not caused by a peril of the seas or ejusdem generis, and that the Institute time clauses were not intended to extend the scope of the risks insured against.
Judges:
Viscount Haldane, Lords Dunedin and Atkinson
Citations:
[1915] UKHL 784,
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Jurisdiction:
England and Wales
Transport, Insurance
Updated: 26 April 2022; Ref: scu.620704