||All England Reporter
|| All ER (D) 158 (Jan)
David Steel J
||Michael Nolan (instructed by Swinnertons) for the claimants.
||Steven Phillips (instructed by Waltons & Morse) for the defendants.
||23 January 2002
Insurance - All risks insurance - Cargo insurance - Defendants insuring two consignments of vehicles for claimant motor vehicle dealers - Dominican Republic customs officials wrongfully taking vehicles - Whether vehicles confiscated during period of cover - Whether vehicles having been 'seized' by customs officials.
A claim under two all risks insurance policies for the loss of two consignments of cars which were taken illegally by customs officials in the Dominican Republic succeeded; the defendants' arguments in relation to the cessation of cover, the time of the loss and seizure were rejected on the facts.
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