The claimant’s application for summary judgment on its claim under an all risks marine open cargo policy was successful. The onus of establishing the fact that the loss fell within an exclusion clause rested on the insurer. The defendant insurers had no real prospect of showing that the loss fell within an exemption for the “mysterious disappearance” of cargo (AXL Resources Ltd v Antares Underwriting Services Ltd  EWHC 3244 (Comm)).
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Senior Patent Counsel
Royal DSM NV