Source: All England Reporter
Publisher Citation: [2010] All ER (D) 161 (Dec)
Neutral Citation: [2010] EWHC 3244 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Gloster J
Representation Sara Cockerill (instructed by Elborne Mitchell) for the claimant.
  Guy Blackwood (instructed by Waltons & Morse LLP) for the defendants.
Judgment Dates: 14 December 2010

Catchwords

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.

The Case

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.

Practice Areas

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