Archives: Insurance

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Direct claims against insurers and anti-suit injunctions

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

“Brilliante Virtuoso” held to have been a Constructive Total Loss

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

Insurer fails to avoid policy on grounds of misrepresentation, non-disclosure, breach of warranty and illegality

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

London Arbitration 4/13 Tribunal considers whether Owners additional insurance against piracy risks was “necessary”

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

“The Princess of the Stars”: Reinsurance does not constitute a general exception to the normal rule regarding stays of proceedings

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

Marine Insurance: High Court rules on issues of non-disclosure and due diligence

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