| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 178 (Oct) |
| Neutral Citation: | [2010] EWHC 2578 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Christopher Clarke J |
| Representation | Michael Ashcroft (instructed by Thomas Cooper) for the claimants. |
| Stuart Isaacs QC (instructed by Taylo Wessing LLP) for the defendant. | |
| Judgment Dates: | 19 October 2010 |
Catchwords
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 - , .
The Case
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.
Practice Areas
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