||All England Reporter
|| All ER (D) 178 (Oct)
|| EWHC 2578 (Comm)
||Queen's Bench Division, Commercial Court
Christopher Clarke J
||Michael Ashcroft (instructed by Thomas Cooper) for the claimants.
||Stuart Isaacs QC (instructed by Taylo Wessing LLP) for the defendant.
||19 October 2010
Marine insurance - Non-disclosure - Material non-disclosure - Defendant insuring voyage of claimants' floating dock from Vladivostok to Vietnam - Class surveyors inspecting dock before voyage - Surveyors' reports and towage plan giving maximum wave height for safe tow - Defendant not asking to see towage plan - Dock sinking in storm - Whether material non-disclosure - Whether dock unseaworthy - , .
Marine insurance Non-disclosure. The Commercial Court, Queen's Bench Division, held that an insurer was not able to avoid its obligation to pay under a marine insurance policy covering the towage of a floating dock which sank in heavy weather, as it could not demonstrate that it had been induced to enter the policy by non-disclosure of any material fact or that the dock had been unseaworthy at the time of sailing.
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