The wording ‘average accident’ in the policy: ‘merely means an accident which causes damage.’
Judges:
Kerr J
Citations:
[1977] 1 Lloyd’s Rep 368
Jurisdiction:
England and Wales
Cited by:
Not Followed – Cosco Bulk Carrier Co Ltd and Another v M/V ‘Saldanha’ C/P Dated 25/06/08 ComC 11-Jun-2010
The court considered the effect of a ship being taken by pirates at sea on the obligations in the charterparty contract. The insurers said that a claim for ‘average accident’ must include an element of physical damage – absent in this case.
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 08 May 2022; Ref: scu.416711
