Wayne Tank and Pump Company Ltd v Employers Liability Assurance Corporation Ltd: CA 1973

The court discussed the effect of an exception clause in an insurance policy: ‘The effect of an exception is to save the insurer from liability for a loss which but for the exception would be covered. The effect of the cover is not to impose on the insurer liability for something which is within the exception.’ and Roskill LJ said: ‘if the loss is caused by two causes operating at the same time and one is wholly expressly excluded from the Policy, the Policy does not pay.’
Lord Justice Cairns, Roskill LJ, Lord Denning MR
[1974] 1 QB 57, [1973] 2 Lloyd’s Rep 237
Marine Insurance Act 1906 55(1)
England and Wales
Cited by:
CitedKiriacoulis Lines Sa v Compagnie D’Assurances Maritime Aeriennes Et Terrestres (Camat) and Another (‘The Demetra K’) CA 16-Jul-2002
The court set out the elements to be satisfied before ordering a rectification of a commercial contract, in particular, the need for an antecedent agreement with outward expression of a common intent, and convincing evidence sufficient to discharge . .
Dicta appliedJ J Lloyd Instruments Limited v Northern Star Insurance Co Ltd; The Miss Jay Jay CA 1987
The insurers insured against an adverse sea but not against defective manufacture or design. Both were found to be proximate causes of the loss.
Held: The Court of Appeal upheld the first instance judge that the owners could claim under the . .
Dictum appliedThe Aliza Glazial CA 2002
. .
CitedKR and others v Royal and Sun Alliance Plc CA 3-Nov-2006
The insurer appealed findings of liability under the 1930 Act. Claims had been made for damages for child abuse in a residential home, whom they insured. The home had become insolvent, and the claimants had pursued the insurer.
Held: The . .
CitedGlobal Process Systems Inc and Another v Berhad SC 1-Feb-2011
An oil rig (The Cendor MOPU) was being transported from Texas to Malaysia. During the voyage, three of the four legs suffered damage. The insurers refused liability saying that the damage was the result of inherent weaknesses in the rig.
Held: . .
CitedPetroleo Brasileiro Sa v Ene Kos 1 Ltd (‘The MT Kos’) SC 2-May-2012
The MT Kos had been chartered by the appellants. The respondents failed to make payments, and notice was given to withdraw the vessel. The contract said that such a notice was without prejudice to any claim. At the time, the vessel was laden. The . .
CitedNavigators Insurance Company Ltd and Others v Atlasnavios-Navegacao Lda SC 22-May-2018
The vessel had been taken by the authorities in Venezuela after drugs were found to have been attached to its hull by third parties. Six months later it was declared a constructive total loss. The ship owners now sought recovery of its value from . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.200214