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Pratt
v Aigaion Insurance Company SA (The "Resolute")
English Court of Appeal: Sir Anthony Clarke MR, Maurice Kay and Stanley
Burnton LLJ: [2008] EWCA Civ 1314: 27 November 2008
MARINE INSURANCE: POLICY WORDING: CONDITIONS: WARRANTY: PROPER CONSTRUCTION OF
CLAUSE: "OWNER AND/OR OWNER’S EXPERIENCED SKIPPER ON BOARD AND IN CHARGE
AT ALL TIMES AND ONE EXPERIENCED CREW MEMBER"
Pratt
v Aigaion Insurance Company SA (The "Resolute")
English High Court: HHJ Mackie QC: [2008] EWHC 489 (Admlty): 14 March 2008
MARINE INSURANCE: POLICY WORDING: CONDITIONS: WARRANTY: PROPER CONSTRUCTION OF
CLAUSE: "OWNER AND/OR OWNER’S EXPERIENCED SKIPPER ON BOARD AND IN CHARGE
AT ALL TIMES AND ONE EXPERIENCED CREW MEMBER"
Marina
Offshore Pte Ltd v. China Insurance Co (Singapore) Pte Ltd and Another, The
"Marina Isis"
Singapore Court of Appeal: Andrew Phang Boon Leong JA, Chan
Sek Keong CJ, Judith Prakash J: [2006] SGCA 28: 11 September 2006
MARINE INSURANCE: TOTAL LOSS OF VESSEL: BREACH OF WARRANTY: WHETHER WARRANTY
INCLUDED THE ROUTE THE VESSEL SHOULD FOLLOW: WHETHER POLICY WAS TIME POLICY OR
MIXED/HYBRID POLICY: WHETHER WARRANTY OF SEAWORTHINESS UNDER VOYAGE POLICY
APPLIED, S.39(1) OF MARINE INSURANCE ACT: WHETHER SHIP SENT TO SEA UNSEAWORTHY
WITH THE PRIVITY OF THE ASSURED UNDER S.39(5) OF THE ACT
Sun Alliance & London
Insurance plc v PT Asuransri Dayin Mitra TBK (The "No 1 Dae Bu")
English Commercial Court: Langley J: [2006] EWHC 812 (Comm): 11 April 2006
Julian Kenny (instructed by Hill Taylor Dickinson) for the Defendant/Part 20
Claimant, PT Asuransri Dayin Mitra TBK
The Part 20 Defendant, PT Pelumin, did not appear and was not represented
MARINE INSURANCE: NEGATIVE DECLARATORY RELIEF OF NON-LIABILITY TO INDEMNIFY
INSURED: PROPER LAW AND JURISDICTION OF CONTRACT: BREACH OF WARRANTY: SCOPE OF
TIME AND VOYAGE POLICY COVERAGE: VESSEL’S SEAWORTHINESS
GE Frankona Reinsurance
Limited v CMM Trust No 1400 The "Newfoundland Explorer"
English Admiralty Court: Gross J.: [2006] EWHC 429 (Admlty): 22 March 2006
MARINE CASUALTY (FIRE): MARINE INSURANCE: WARRANTIES: PROPER CONSTRUCTION OF
TERM "WARRANTED VESSEL FULLY CREWED AT ALL TIMES"
Marina Offshore Pte Ltd v China Insurance Co (Singapore) Pte Ltd and AXA
Insurance Singapore Pte Ltd
Singapore High Court: Tan Lee Meng J: [2005] SGHC 238: 30 December 2005
MarinE Insurance: Breach of Warranty as
to the recommended route of the voyage: Seaworthiness of the vessel: Whether
loss of the vessel caused by unseaworthiness or perils of the sea
Doheny
and others v New India Assurance Co Ltd and Others
English Court of Appeal: Potter and Longmore LJJ., and Sir Christopher
Staughton: [2004] EWCA Civ 1705: 15 December 2004
INSURANCE: PROPOSAL FORM: DECLARATION: "BANKRUPTCY": INTERPRETATION:
"CONTRA PROFERENTEM RULE": WARRANTY: DUTY OF DISCLOSURE: WAIVER OF
DISCLOSURE : MARINE INSURANCE ACT 1906, S.18(3)(c)
Paul
Toomey of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros y
Reaseguros
English Court of Appeal: Sir Andrew Morritt, Dyson and Thomas LJJ. 18 May
2004
REINSURANCE: MISMATCH OF INSURED INTEREST: ORIGINAL
INSURANCE A VALUED POLICY: REINSURANCE POLICY UNVALUED: MATERIALITY:: WARRANTY
OF INSURED INTEREST: BREACH: FULL REINSURANCE CLAUSE
Paul
Toomey of Syndicate 2021 -v- Banco Vitalicio de Espana SA de Seguros y
Reaseguros
English Commercial Court: Andrew Smith, J: 20 May 2003
REINSURANCE: MISMATCH OF INSURED INTEREST: VALUED POLICIES: MATERIALITY:
MISREPRESENTATION: INDUCEMENT: FULL REINSURANCE CLAUSE: WARRANTY OF INSURED
INTEREST: BREACH
Mitsui Marine and Fire Insurance Co Limited & Others v Bayview Motors
Limited
English Court of Appeal: Tuckey, Hale and Henry LJJ:
7 November 2002
ALL RISKS CARGO INSURANCE POLICIES: INSTITUTE CARGO CLAUSES 1/1/63: MOTOR
VEHICLES: STOLEN BY CUSTOMS OFFICERS: TRANSIT CLAUSE: DESTINATION: FINAL PLACE
OF STORAGE: SEIZURE: CESSATION OF COVER: TIMING OF LOSS
Bayview Motors Ltd. v. Mitsui Marine & Fire Insurance Co
Ltd. and Others
English Commercial Court: Steel J.: [2002] EWHC 21 (Comm): 23
January 2002
ALL RISKS CARGO INSURANCE POLICIES: INSTITUTE CARGO CLAUSES 1/1/63: MOTOR VEHICLES: STOLEN BY CUSTOMS OFFICERS: CONVERSION:
CONFISCATION: SEIZURE: FINAL PLACE OF STORAGE AT DESTINATION: TIMING OF LOSS:
CONSTRUCTIVE TOTAL LOSS: CESSATION OF COVER
Agapitos and Laiki Bank (Hellas) SA, v, Agnew and Others1
English Commercial Court: Moore-Bick J.: 24 July 2002
MARINE INSURANCE POLICY: CLAIM AGAINST HULL UNDERWRITERS FOR
TOTAL LOSS OF VESSEL ‘AEGEON’ CAUSED BY AN INSURED PERIL: DEFENCE OF BREACH
OF WARRANTY
Nam Kwong
Medicines & Health Products Co. Ltd. v China Insurance Co. Ltd.
Hong Kong High Court: Stone J: 28th June 2002
MARINE INSURANCE: LOSS OF CARGO: ‘PHANTOM’ SHIP: INSTITUTE CLASSIFICATION
CLAUSE: S.44 MARINE INSURANCE ACT 1906 OF THE UK: WAREHOUSE TO WAREHOUSE CLAUSE
Handelsbanken v. Dandridge and Others
English Court of Appeal: Lord Phillips MR, Potter and Arden LJJ: 30 April
2002
MARINE INSURANCE POLICIES: INSTITUTE WAR AND STRIKES HULLS-TIME
CLAUSES 1983 EDITION: ILLEGAL FISHING: SEIZURE AND DETENTION OF VESSEL UNDER
FISHERIES MANAGEMENT ACT 1991 OF AUSTRALIA: WARRANTY OF NO ILLEGAL FISHING:
POTENTIAL FORFEITURE OF VESSEL: FORECLOSURE PROCEEDINGS: SALE OF VESSEL:
INFRINGEMENT OF TRADING REGULATIONS: NATURE AND PURPOSE OF REGULATIONS: NATURE
OF VESSEL: ORDINARY JUDICIAL PROCESS: CIVIL PROCEEDINGS: EXECUTIVE ACTS:
EFFECTIVE DOMINANT CAUSE: FAILURE TO PROVIDE SECURITY: ANY FINANCIAL CAUSE:
CONCURRENT CAUSES OF LOSS OF USE: INSURED VALUE: SECURITY EXCEEDING VALUE OF
VESSEL: REASONABLENESS OF AMOUNT: LIKELIHOOD OF RECOVERY
Project Asia Line Inc of Delaware and United Shipping
Services Limited v Andrew Shone & Others ("The Pride of
Donegal")
English High Court, Commercial Court: Andrew Smith, J.: 24
January 2002
FREIGHT INSURANCE UNDER VOYAGE POLICY: SHIP BREAKS DOWN IN
COURSE OF VOYAGE: WARRANTY OF SEAWORTHINESS AT COMMENCEMENT OF VOYAGE:
CLASSIFICATION WARRANTY: IN CLASS AT TIME OF EVENTS GIVING RISE TO CLAIM
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