A claim was made under a marine insurance policy. The policy incorporated the Institute War and Strikes Clauses, Hulls-Time of 1/10/83, and included a clause ‘loss damage . . arising from . . Detainment . . by reason of infringement of any customs or trading regulations.’ The ship was detained for possible involvement in illegal drugs importing to Greece. The insurers sought to deny liability under the clause.
Held: The phrase should be interpreted to achieve a business-like result and to include provisions of law controlling imports and exports and regulation of the misuse of drugs. It had to be interpreted widely to allow for the need to recognise the laws of any country.
Mr Justice Cresswell
Times 05-Apr-2002, Gazette 18-Apr-2002, [2002] EWHC 235 (Commercial)
Bailii
England and Wales
Cited by:
Appeal from – Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (UK) Ltd (Formerly Know As Colonia Baltica Insurance Ltd) and others CA 24-Jan-2003
(The ‘Kleovoulos of Rhodes’) A large quantity of cocaine was discovered by divers behind a grille in a sea chest at the vessel’s discharge port, Aliveri – having been placed there by unknown third persons at the load port in Colombia, South America. . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 16 December 2021; Ref: scu.167735