||All England Reporter
|| All ER (D) 161 (Dec)
|| EWHC 3244 (Comm)
||Queen's Bench Division, Commercial Court
||Sara Cockerill (instructed by Elborne Mitchell) for the claimant.
||Guy Blackwood (instructed by Waltons & Morse LLP) for the defendants.
||14 December 2010
Insurance - Contract of insurance - Exclusion clause - All risks policy - Defendant insurers insuring claimant company's cargo - Contract of insurance incorporating exclusion for 'mysterious dissapearance' - Cargo disappearing from warehouse - Claimant issuing claim under policy - Claimant applying for summary judgment - Whether claim falling within exclusion - Whether summary judgment should be granted.
Insurance Contract of insurance. The Commercial Court, Queen's Bench Division, allowed the claimant company's application for summary judgment on its claim under an insurance policy, where the defendant insurers had no real prospect of showing that the loss fell within an exemption for mysterious and unexplained loss of cargo.
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