Insurance
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
