Insurance

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