Insurance - Revision history

Dmcadmin at 11:53, 26 August 2026

2026-08-26T11:53:56Z

← Older revision		Revision as of 12:53, 26 August 2026
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	'''Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321''' '''(The “Lowlands Mimosa”)'''		'''Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321''' '''(The “Lowlands Mimosa”)'''

	'''English Commercial Court: Butcher J: [2026] EWHC 1837 (Comm): 21 July 2026:''' to access the full note on the case, click [[~~HereCometsambre~~ SA v Lloyd’s Insurance Company SA HIG 5321 (The “Lowlands Mimosa”)\|~~here~~]]		'''English Commercial Court: Butcher J: [2026] EWHC 1837 (Comm): 21 July 2026:''' to access the full note on the case, click [[Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321 (The “Lowlands Mimosa”)\|this link:]]

	Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html		Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html

Dmcadmin at 11:48, 26 August 2026

2026-08-26T11:48:32Z

← Older revision		Revision as of 12:48, 26 August 2026
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	'''England'''		'''England'''

	'''Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321''' '''(The “Lowlands Mimosa”)'''		'''Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321''' '''(The “Lowlands Mimosa”)'''

	'''English Commercial Court: Butcher J: [2026] EWHC 1837 (Comm): 21 July 2026'''		'''English Commercial Court: Butcher J: [2026] EWHC 1837 (Comm): 21 July 2026:''' to access the full note on the case, click [[HereCometsambre SA v Lloyd’s Insurance Company SA HIG 5321 (The “Lowlands Mimosa”)\|here]]

	Judgment Available on BAILII @ ~~<nowiki>~~https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html~~</nowiki>~~		Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html

	'''MARINE INSURANCE: CHARTERERS’ LIABILITY POLICY: FREIGHT, DEMURRAGE & DEFENCE POLICY: VESSEL CHARTERED BY INSURED SUFFERED BULK SCRAP METAL CARGO FIRE CASUALTY ON BOARD: INSURER PURPORTED TO AVOID POLICIES, DENIED LIABILITY AND RETURNED PREMIUM TO INSURED: WHETHER INSURED BREACHED ITS DUTY OF FAIR PRESENTATION OF THE RISK WHEN RENEWING POLICIES FOR 2022 POLICY YEAR BY FAILURE TO DISCLOSE TO INSURER FIVE FIRES THAT DURING 2020 AND 2021 HAD OCCURRED IN ITS BULK SCRAP METAL ON QUAYSIDE AND VESSELS: WHETHER INSURER ENTITLED TO AVOID POLICIES: INTERPRETATION AND APPLICATION OF SECTIONS 3, 4, 5, 7 & 8 AND SCHEDULE 1 OF THE INSURANCE ACT 2015 (“IA”) TO FACTS OF CASE'''		'''MARINE INSURANCE: CHARTERERS’ LIABILITY POLICY: FREIGHT, DEMURRAGE & DEFENCE POLICY: VESSEL CHARTERED BY INSURED SUFFERED BULK SCRAP METAL CARGO FIRE CASUALTY ON BOARD: INSURER PURPORTED TO AVOID POLICIES, DENIED LIABILITY AND RETURNED PREMIUM TO INSURED: WHETHER INSURED BREACHED ITS DUTY OF FAIR PRESENTATION OF THE RISK WHEN RENEWING POLICIES FOR 2022 POLICY YEAR BY FAILURE TO DISCLOSE TO INSURER FIVE FIRES THAT DURING 2020 AND 2021 HAD OCCURRED IN ITS BULK SCRAP METAL ON QUAYSIDE AND VESSELS: WHETHER INSURER ENTITLED TO AVOID POLICIES: INTERPRETATION AND APPLICATION OF SECTIONS 3, 4, 5, 7 & 8 AND SCHEDULE 1 OF THE INSURANCE ACT 2015 (“IA”) TO FACTS OF CASE'''

Dmcadmin at 11:33, 26 August 2026

2026-08-26T11:33:37Z

← Older revision		Revision as of 12:33, 26 August 2026
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	Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html</nowiki>		Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html</nowiki>

			'''MARINE INSURANCE: CHARTERERS’ LIABILITY POLICY: FREIGHT, DEMURRAGE & DEFENCE POLICY: VESSEL CHARTERED BY INSURED SUFFERED BULK SCRAP METAL CARGO FIRE CASUALTY ON BOARD: INSURER PURPORTED TO AVOID POLICIES, DENIED LIABILITY AND RETURNED PREMIUM TO INSURED: WHETHER INSURED BREACHED ITS DUTY OF FAIR PRESENTATION OF THE RISK WHEN RENEWING POLICIES FOR 2022 POLICY YEAR BY FAILURE TO DISCLOSE TO INSURER FIVE FIRES THAT DURING 2020 AND 2021 HAD OCCURRED IN ITS BULK SCRAP METAL ON QUAYSIDE AND VESSELS: WHETHER INSURER ENTITLED TO AVOID POLICIES: INTERPRETATION AND APPLICATION OF SECTIONS 3, 4, 5, 7 & 8 AND SCHEDULE 1 OF THE INSURANCE ACT 2015 (“IA”) TO FACTS OF CASE'''

	'''MARINE INSURANCE: CHARTERERS’ LIABILITY POLICY: FREIGHT, DEMURRAGE & DEFENCE POLICY: VESSEL CHARTERED BY INSURED SUFFERED BULK SCRAP METAL CARGO FIRE CASUALTY ON BOARD: INSURER PURPORTED TO AVOID POLICIES, DENIED LIABILITY AND RETURNED PREMIUM TO INSURED: WHETHER INSURED BREACHED ITS DUTY OF FAIR PRESENTATION OF THE RISK WHEN RENEWING POLICIES FOR 2022 POLICY YEAR BY FAILURE TO DISCLOSE TO INSURER FIVE FIRES THAT DURING 2020 AND 2021 HAD OCCURRED IN ITS BULK SCRAP METAL ON QUAYSIDE AND VESSELS: WHETHER INSURER ENTITLED TO AVOID POLICIES: INTERPRETATION AND APPLICATION OF SECTIONS 3, 4, 5, 7 & 8 AND SCHEDULE 1 OF THE INSURANCE ACT 2015 (“IA”) TO FACTS OF CASE'''

	DMC/INS/26/01		DMC/INS/26/01

Dmcadmin at 11:33, 26 August 2026

2026-08-26T11:33:12Z

← Older revision		Revision as of 12:33, 26 August 2026
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	DMC/INS/26/01		DMC/INS/26/02

			'''England'''

			'''Cometsambre SA v Lloyd’s Insurance Company SA HIG 5321''' '''(The “Lowlands Mimosa”)'''

			'''English Commercial Court: Butcher J: [2026] EWHC 1837 (Comm): 21 July 2026'''

			Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWHC/Comm/2026/1837.html</nowiki>


			'''MARINE INSURANCE: CHARTERERS’ LIABILITY POLICY: FREIGHT, DEMURRAGE & DEFENCE POLICY: VESSEL CHARTERED BY INSURED SUFFERED BULK SCRAP METAL CARGO FIRE CASUALTY ON BOARD: INSURER PURPORTED TO AVOID POLICIES, DENIED LIABILITY AND RETURNED PREMIUM TO INSURED: WHETHER INSURED BREACHED ITS DUTY OF FAIR PRESENTATION OF THE RISK WHEN RENEWING POLICIES FOR 2022 POLICY YEAR BY FAILURE TO DISCLOSE TO INSURER FIVE FIRES THAT DURING 2020 AND 2021 HAD OCCURRED IN ITS BULK SCRAP METAL ON QUAYSIDE AND VESSELS: WHETHER INSURER ENTITLED TO AVOID POLICIES: INTERPRETATION AND APPLICATION OF SECTIONS 3, 4, 5, 7 & 8 AND SCHEDULE 1 OF THE INSURANCE ACT 2015 (“IA”) TO FACTS OF CASE'''

			DMC/INS/26/01

	'''England'''		'''England'''

Dmcadmin at 15:10, 25 August 2026

2026-08-25T15:10:27Z

← Older revision		Revision as of 16:10, 25 August 2026
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	'''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'''		'''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'''

			Note: The decision in this case was upheld by the Court of Appeal in a judgment dated 6 July 2026, on largely similar grounds. The judgment of the Court of Appeal is available [https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/863?query=The+Vyssos&court=ewca%2FcivHere here]

Dmcadmin at 16:55, 2 March 2026

2026-03-02T16:55:14Z

← Older revision		Revision as of 17:55, 2 March 2026
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	'''Oceanus Capital SARL v Lloyd’s Insurance Company S.A.''' '''(The “Vyssos”)'''		'''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”)]]'''		'''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]]		Judgment Available on BAILII [[@ https://www.bailii.org/ew/cases/EWHC/Comm/2025/3293.html]]
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	David Bailey KC and Emma Franklin (instructed by Kennedys Law LLP) for Lloyd’s (Insurer)		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'''		'''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'''

Dmcadmin at 19:04, 28 February 2026

2026-02-28T19:04:14Z

← Older revision		Revision as of 20:04, 28 February 2026
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	DMC/INS/25/03		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'''		'''England'''

Dmcadmin at 18:32, 1 November 2025

2025-11-01T18:32:13Z

← Older revision		Revision as of 19:32, 1 November 2025
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	'''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\|Delos Shipholding S.A v. Allianz Global Corporate & Specialty S.E. & Others]]'''		'''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\|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:		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'''		'''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'''

Dmcadmin at 11:51, 1 November 2025

2025-11-01T11:51:48Z

← Older revision		Revision as of 12:51, 1 November 2025
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	DMC/INS/25/02		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\|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'''		'''Singapore'''

Dmcadmin at 11:01, 13 August 2025

2025-08-13T11:01:41Z

← Older revision		Revision as of 12:01, 13 August 2025
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	'''Oversea-Chinese Banking Corporation Limited v Argoglobal Underwriting Asia Pacific Pte Ltd & Others (The “Teras Lyza”)'''		'''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'''		'''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		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'''		'''MARINE INSURANCE: CONSTRUCTIVE TOTAL LOSS: PERILS OF THE SEAS: DUTY OF FAIR PRESENTATION: BREACH OF WARRANTY: POLICY PROOF OF INTEREST (“PPI”) CLAUSE'''