Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
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…
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’ club) directly without first suing the insured, and in the circumstances of the case, whether it was appropriate to uphold an anti-suit injunction (“ASI”) which had been made by the court below.
Reliance was placed on the previous decisions dealing with similar foreign legislation, such as The “Hari Bhum” (No. 1) [2004] 1 Lloyd’s Rep. 206; and [2005] 1 Lloyd’s Rep. 67, which considered the provisions of the Finnish Insurance Contract Act 1994 and The “Prestige” (No. 2) [2014] 1 Lloyd’s Rep 309 and [2015] 2 Lloyd’s Rep. 33 concerning the Spanish Penal Code.
In this case, the Court was looking at Turkish law, which provided, amongst other things, that “Article 1478 – the victim may claim its loss up to the insured sum directly from the insurer provided that the claim is brought within the prescription period to the insurance contract”.…
Continue Reading Direct claims against insurers and anti-suit injunctions
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…
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…
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…
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,…
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…
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…
