| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 108 (May) |
| Neutral Citation: | [2012] EWHC 1245 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Popplewell J |
| Representation | Rachel Ansell and Gemma Morgan (instructed by DAC Beachcroft LLP) for the claimants. |
| Guy Blackwood and Gemma Morgan (instructed by Waltons & Morse LLP) for the defendant. | |
| Judgment Dates: | 11 May 2012 |
Catchwords
Insurance - Liability insurance - Determination of proximate cause - Claimants and defendant being subscribing insurers to all risk policy commencing on goods' arrival at plant in England - Defendant being subscribing insurer to marine policy commencing on goods' departure from factory in Bucharest - Damage to goods being found - Parties disputing cause and timing of damage - Whether cause of damage being vibration during transit or wind excitation after arrival at plant - Whether inherent vice excluding defendant's liability.
The Case
Insurance Liability insurance. The Commercial Court, having determined the proximate cause of damage to economiser blocks, held that the defendant company alone was liable under an insurance policy.
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