Insurance

DMC/INS/26/01

England

Oceanus Capital SARL v Lloyd’s Insurance Company S.A. (The “Vyssos”)

English Commercial Court: Sue Prevezer KC (sitting as a Judge of the High Court): [2025] EWHC 3293 (Comm): 17 December 2025: to access the full note, click here: Oceanus Capital SARL v Lloyd’s Insurance Company S.A. (The “Vyssos”)

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2025/3293.html

Nicholas Vineall KC and Neil Dowers (instructed by Wikborg Rein LLP) for Oceanus (Insured)

David Bailey KC and Emma Franklin (instructed by Kennedys Law LLP) for Lloyd’s (Insurer)

MARINE WAR RISKS INSURANCE (“MWRI”): MORTGAGEE’S INTEREST INSURANCE (“MII”): VESSEL SENT BY OWNER INTO ADDITIONAL WAR RISKS PREMIUM (“AWRP”) AREA WITHOUT NOTIFYING WR UNDERWRITER IN ADVANCE AND WITHOUT PAYMENT OF AWRP TO MAINTAIN MWRI COVER: VESSEL BECAME CONSTRUCTIVE TOTAL LOSS BY SEA MINE CASUALTY: WHETHER MORTGAGEE ENTITLED TO INDEMNITY FOR LOSS CAUSED BY ‘INSURED PERIL’ UNDER MII POLICY WHERE OWNER UNABLE TO RECOVER LOSS UNDER MWRI POLICY DUE TO BREACH OF TRADING LIMITS WARRANTY: WHETHER MORTGAGEE PRIVY TO BREACH: WHETHER LOSS WAS FORTUITOUS

DMC/INS/25/03

England

Delos Shipholding S.A. & Others v Allianz Global Corporate & Specialty S.E. & Others (The “Win Win”)

English Court of Appeal: Asplin, Males & Popplewell LJJ: [2025] EWCA Civ 1019: 30 July 2025: Click this link to access the note on this case: Delos Shipholding S.A v. Allianz Global Corporate & Specialty S.E. & Others

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2025/1019.html

MARINE WAR & POLITICAL RISKS INSURANCE: WHETHER ARREST AND DETENTION OF VESSEL FOR ANCHORING UNLAWFULLY IN INDONESIAN WATERS EXCLUDED FROM COVER AS ARREST AND DETENTION UNDER CUSTOMS OR QUARANTINE REGULATIONS OR “SIMILAR” ARREST AND DETENTION

DMC/INS/25/02

Singapore

Oversea-Chinese Banking Corporation Limited v Argoglobal Underwriting Asia Pacific Pte Ltd & Others (The “Teras Lyza”)

Singapore High Court: Kwek Mean Luck J: [2025] SGHC 82: 30 April 2025: For the note on the case, click here:Oversea-Chinese Banking Corporation Limited v Argoglobal Underwriting Asia Pacific Pte Ltd & Others (The “Teras Lyza”)

Judgment Available on e-Litigation at: https://www.elitigation.sg/gd/s/2025_SGHC_82

MARINE INSURANCE: CONSTRUCTIVE TOTAL LOSS: PERILS OF THE SEAS: DUTY OF FAIR PRESENTATION: BREACH OF WARRANTY: POLICY PROOF OF INTEREST (“PPI”) CLAUSE

DMC/INS/25/01

England

Quadra Commodities S.A v XL Insurance Company SE & Ors

English Court of Appeal: Sir Julian Flaux, Popplewell and Snowden LJJ: [2023] EWCA Civ 432: 21 April 2023: for the note on the case, click here: Quadra Commodities S.A v XL Insurance Company SE & Ors

Judgment available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2023/432.html

MARINE CARGO INSURANCE: WHETHER INSURED HAD AN INSURABLE INTEREST IN UNASCERTAINED GOODS WHICH IT HAD PURCHASED AT LEAST IN PART BUT OF WHICH IT HAD BEEN DEFRAUDED BY THE SELLER

DMC/INS/24/02

England MOK Petro Energy FZC v Argo (No. 604) Limited & Ors (The “F1”)

English Commercial Court: Dias J: [2024] EWHC 1935 (Comm): 26 July 2024: for the note on this case, click this link: MOK Petro Energy FZC v Argo (No. 604) Limited & Ors (The “F1”)

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2024/1935.html

MARINE CARGO INSURANCE: ALL RISKS MARINE CARGO OPEN COVER: BLENDED CARGO OF GASOLINE AND METHANOL: WHETHER CARGO SUFFERED PHYSICAL DAMAGE AS A RESULT OF PHASE SEPARATION (THAT IS, THE SEPARATION OUT OF ITS CONSTITUENT ELEMENTS) WHEN COOLED TO LOW TEMPERATURE AND/OR ITS PROPENSITY TO SEPARATE OUT WAS FORTUITOUS

DMC/INS/24/01

England

Delos Shipholding S.A. & Others v Allianz Global Corporate & Specialty S.E. & Others (The “Win Win”)

English Commercial Court: Dias J: [2024] EWHC 719 (Comm): 25 March 2024:[[1]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2024/719.html

MARINE WAR & POLITICAL RISKS INSURANCE: WHETHER ARREST AND DETENTION OF VESSEL FOR ANCHORING UNLAWFULLY IN INDONESIAN WATERS FORTUITOUS: WHETHER CLAIM EXCLUDED UNDER EXCLUSION FOR ARREST AND DETENTION UNDER CUSTOMS OR QUARANTINE REGULATIONS OR “SIMILAR” ARREST AND DETENTION

DMC/INS/21/01

England

Englehart CTP (US) LLC v Lloyd’s Syndicate]] 1221 and others

English Commercial Court: Sir Ross Cranston: [2018] EWHC 900 (Comm): 23 April 2018: [[2]]

Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2018/900.html

ALL-RISK MARINE CARGO INSURANCE: OWNERS' CLAIM FOR LOSS OF SHIPMENT OF NON-EXISTENT COPPER INGOTS: WHETHER POLICY COVERED ECONOMIC LOSS OF THIS TYPE

DMC/INS/20/02

England

Atlasnavios-Navegação, LDA (formerly Bnavios- Navegação, LDA) v Navigators Insurance Co Ltd and others [2018] UKSC 26

UK Supreme Court; Lords Mance, Sumption, Hughes, Hodge, Briggs; [2019] AC 136; 22 May 2018: [[3]]

DRUG SMUGGLING: INFRINGEMENT OF CUSTOMS REGULATIONS: DETENTION: SEIZURE: CONSTRUCTIVE TOTAL LOSS: THIRD PARTY ACTS: ACTING MALICIOUSLY: WAR RISK INSURANCE POLICY: EXCLUSION CLAUSE: CONCURRENT CAUSES

DMC/INS/20/01

England

Connect Shipping Inc and another v Sveriges Angfartygs Assurans Förening and others

Supreme Court; Lords Reed, Hodge, Lloyd-Jones, Kitchin, Sumption; [2019] UKSC 29; 12 June 2019:[[4]]

HULL AND MACHINERY INSURANCE: FIRE CAUSING SERIOUS DAMAGE TO VESSEL: SALVORS APPOINTED: SPECIAL COMPNESATION AND INDEMNITY CLAUSE (SCOPIC) EXPENDITURE: NOTICE OF ABANDONOMENT: WHETHER VESSEL A CONSTRUCTIVE TOTAL LOSS UNDER MARINE INSURANCE ACT 1906, S. 60(2)(ii): WHETHER EXPENDITURE INCURRED PRIOR TO NOTICE OF ABANDONMENT AND SCOPIC COSTS COUNT TOWARDS “COST OF REPAIRING THE DAMAGE”

DMC/INS/16/01

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors, the “DC MERWESTONE” [[5]]

Supreme Court; Lords Mance, Clarke, Sumption, Hughes, Toulson; [2016] UKSC 45; 20 July 2016

INSURANCE: FRAUDULENT CLAIMS RULE; “COLLATERAL LIE”/“FRAUDULENT DEVICE” DOES NOT DEFEAT OTHERWISE VALID INSURANCE CLAIM

DMC/INS/15/02

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors – the D C Merwestone

[2014] EWCA Civ 1349: Clarke and Vos LLJ and Sir Timothy Lloyd: 16 October 2014:[[6]]

MARINE INSURANCE: WHETHER OTHERWISE VALID CLAIM BY OWNERS FORFEIT DUE TO OWNERS' FRAUDULENT DEVICE: WHETHER DEFENCE OF FRAUDULENT DEVICE: CONTRARY TO ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS EFFECTED IN ENGLISH LAW BY THE HUMAN RIGHTS ACT 1998

DMC/Ins/15/01

Hong Kong

Hua Tyan Development Ltd v Zurich Insurance Co Ltd

Hong Kong Court of Final Appeal: Ma CJ, Ribeiro, Tang, Fok PJJ and Lord Neuberger of Abbotsbury NPJ: FACV No.18 of 2013: (2014) 17 HKCFAR 493: 10 September 2014[[7]]

MARINE INSURANCE: DEADWEIGHT WARRANTY: BREACH OF WARRANTY DESPITE NAMED VESSEL WAS STATED TO BE “APPROVED VESSEL”: NO ACTUAL OR CONSTRUCTIVE KNOWLEDGE BY INSURER OF DEADWEIGHT CAPACITY OF VESSEL: NO WAIVER BY INSURER: RECTIFICATION OF CONTRACT REFUSED

DMC/INS/13/02

England

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors

English High Court: Queen’s Bench Division: Commercial Court; Popplewell J; [2013] EWHC 1667 (Comm); 14 June 2013:[[8]]

MARINE INSURANCE: WHETHER CLAIM BY OWNERS WAS AN INSURED PERIL: WHETHER OTHERWISE VALID CLAIM BY OWNERS FORFEIT DUE TO OWNERS' FRAUDULENT DEVICE: ELEMENTS OF DEFENCE OF FRAUDULENT DEVICE: APPLICATION OF DEFENCE OF FRAUDULENT DEVICE

DMC/INS/13/01

England

Sealion Shipping Limited and Toisa Horizon Inc v Valiant Insurance Company: The MV “Toisa Pisces”

English High Court; Blair J; [2012] EWHC 50 (Comm); 20 January 2012

English Court of Appeal; Gross, Tomlinson, and Pill LJJ; [2012] EWCA Civ 1625; 14 December 2012:[[9]]

MARINE INSURANCE: CAUSATION/‘ANY ONE OCCURRENCE’: INCHMAREE CLAUSE DUE DILIGENCE PROVISO

DMC/INS/11/04

United Kingdom

Syarikat Takaful Malaysia Berhad v. Global Process Systems Inc & Anor

United Kindgom Supreme Court: Lords Mance, Collins, Clarke, Dyson, and Saville: [2011] UKSC 5: 1 February 2011: [Systems]

MARINE INSURANCE: CAUSATION: WHETHER LEGS OF OIL RIG FALLING OFF DURING VOYAGE CAUSED BY PERILS OF SEA OR INHERENT VICE: s.55(2)(c) MARINE INSURANCE ACT 1906 : s.55(1) MARINE INSURANCE ACT 1906

DMC/INS/11/03

England

Melinda Holdings SA v. Hellenic Mutual War Risks Association (Bermuda) Ltd.

English High Court; Burton J; [2011] EWHC 181 (Comm), 18 February 2011: [[10]]

WAR RISKS INSURANCE: EXCLUDED CAUSES: ORDINARY JUDICIAL PROCESS: INSURED’S OBLIGATION TO SUE AND LABOUR: STANDARD OF PROOF

DMC/INS/11/02

United Kingdom

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Lexington Insurance Co

House of Lords: Lord Phillips of Worth Matravers , Lord Walker of Gestingthorpe , Lord Brown of Eaton-under-Heywood , Lord Mance , Lord Collins of Mapesbury: [2009] UKHL 40: [[11]]

INSURANCE: NO GOVERNING LAW EXPRESSED IN THE POLICY: FACULTATIVE REINSURANCE SUBJECT TO ENGLISH LAW: WHETHER PERIOD OF COVER TO BE CONSTRUED AS BACK TO BACK WITH THE UNDERLYING INSURANCE, AS INTERPRETED BY FOREIGN COURT

DMC/SandT/11/01

English Court of Appeal

Masefield AG v Amlin Corporate Member Ltd

[2011] EWCA Civ 24: Court of Appeal, Civil Division: Rix, Moore-Bick and Patten LJJ: 26January 2011: [[12]]

MARINE CARGO INSURANCE: VESSEL, CREW AND CARGO TAKEN BY PIRATES, LATER RELEASED ON PAYMENT OF RANSOM: NOTICE OF ABANDONMENT: CLAIM THAT ASSURED IRRETRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY

DMC/INS/10/02

English High Court

Masefield AG -v- Amlin Corporate Member Ltd [2010] EWHC 280 (Comm): David Steel J.: 18 February 2010[[13]]

MARINE CARGO INSURANCE: VESSEL, CREW AND CARGO TAKEN BY PIRATES, THEN RELEASED ON PAYMENT OF RANSOM: NOTICE OF ABANDONMENT: CLAIM THAT ASSURED IRRETRIEVABLY DEPRIVED OF CARGO: WHETHER CARGO AN ACTUAL TOTAL LOSS UNDER s.57(1) MARINE INSURANCE ACT 1906: WHETHER CARGO A CONSTRUCTIVE TOTAL LOSS UNDER s.60(1): PIRACY: POSSESSION: WHETHER PAYMENT OF RANSOM CONTRARY TO PUBLIC POLICY

DMC/INS/01/10

Lexington Insurance Company v AGF Insurance Limited; Lexington Insurance Company v Wasa International Insurance Company Limited

House of Lords: Lords Phillips, Walker, Brown, Mance and Collins: [2009] UKHL 40: 30 July 2009

REINSURANCE: PROPORTIONAL FACULTATIVE REINSURANCE POLICY: PHYSICAL LOSS AND DAMAGE TO PROPERTY: TEMORARAL SCOPE OF A TIME POLICY: WHETHER REINSURANCE POLICY IS TO BE CONSTRUED AS PROVIDING BACK-TO-BACK COVER WITH THE PRIMARY INSURANCE POLICY WHERE UNCERTAIN GOVERNING LAW OF INSURANCE POLICY PROVIDED WIDER SCOPE OF COVERAGE