The Supreme Court decision in the Ocean Victory was handed down this morning. We will prepare a detailed client alert on the implications of the decision, but for now can report that: (1) Unsafe ports The Supreme Court upheld the decision of the Court of Appeal that there was no breach of the safe port … Continue Reading
In Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) -v- Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ. 386, the Court of Appeal considered the juridical nature of a foreign statute which gives a victim (in this case, a charterer) the right to sue a defendant’s insurer (in this case, an owners’ … Continue Reading
Suez Fortune Investments Ltd v Talbot Underwriting Ltd [2015] EWHC 42 (Comm) The High Court recently held that the “Brillante Virtuoso” was a constructive total loss following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which totalled over US$80m. This case has been closely followed … Continue Reading
Amlin Corporate Member Ltd v Oriental Assurance Corp (The Princess of the Stars) [2014] EWCA Civ 1135 The Appellant Insurer had insured the owner of certain vessels. The policy contained a typhoon warranty, which contained two limbs: (1) that “the vessel shall not sail or put out of Sheltered Port when there is a typhoon … Continue Reading
In Sea Glory Maritime Co v Al Sagr National Insurance Co (The Nancy) [2013] EWHC 2116 (Comm), the First Claimant (the vessel’s registered owner) and Second Claimant (a party representing itself as the vessel’s commercial and technical manager) sought an indemnity under a policy of marine insurance taken out with the Defendant. Facts The policy … Continue Reading
Tribunal considers whether Owners additional insurance against piracy risks was “necessary” Owners’ additional insurance against piracy found not “necessary” and additional premiums unrecoverable London Arbitration 4/13 The Tribunal considered whether it was “necessary” for Owners to take out additional insurance against piracy risks. The Tribunal adopted an objective approach towards the meaning of the word, … Continue Reading
In Amlin Corporate Member Ltd v Oriental Assurance Corp (“The Princess of the Stars”) [2012] EWCA Civ 1341, the Court of Appeal upheld the High Court’s decision to refuse a stay of English proceedings brought by reinsurers pending the outcome of proceedings against the insurers in the Philippines. Owners of cargo which had been lost … Continue Reading
In Sealion Shipping Ltd and Another v Valiant Insurance Company (The “Toisa Pisces”) [2012] EWHC 50 (Comm), Owners claimed an indemnity under a marine insurance policy with the Defendant Insurers for loss of hire of their vessel. When entering into the policy, Owners did not disclose two previous hull claims and a ten day off-hire … Continue Reading
