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Interpretation of actual and constructive total loss under the Marine Insurance Act 1906
- Edwards Wildman Palmer LLP
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- United Kingdom
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- February 25 2010
Masefield AG v Amlin Corporate Member Ltd 2010 EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906
Court of appeal considers the effect of a novation of a contract on advance payment guarantees
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 11 2011
In the recent decision of Meritz Fire & Marine Insurance Co Ltd v Jan De Nul Nv & Anor 2011 EWCA Civ 827, the Court of Appeal dismissed the appeal by Meritz of the earlier High Court's decision, previously reported here, that Meritz was liable under advance payment guarantees (APGs) it had issued in respect of three shipbuilding contracts (Contracts) to the respondent Buyers, despite the fact that the Contracts had been novated to a new company
Valiant appeal in loss of hire case dismissed
- Edwards Wildman Palmer LLP
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- United Kingdom
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- January 3 2013
The Court of Appeal in Valiant Insurance Co v (1) Sealion Shipping Ltd (2) Toisa Horizon Inc 2012 EWCA Civ 1625 has affirmed the High Court's first
Wave goodbye to inherent vice exclusions?
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 3 2010
In late 2009, the Court of Appeal handed down a judgment which added to a large body of case-law on inherent vice
Supreme Court confirms reduced scope of inherent vice exclusions
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 23 2011
In the March 2010 edition of the Insurance and Reinsurance Review, we reported on the Court of Appeal’s decision in the Celandor MoPu (Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad 2009 EWCA Civ 1398), which overturned the first instance decision of Mr Justice Blair and significantly reduced the scope of inherent vice exclusions, found in many marine cargo and general property insurance contracts
No waiver: Court of Appeal confirms insurers well protected by RORS
- Edwards Wildman Palmer LLP
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- USA
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- June 6 2012
In Argo Systems FZE v Liberty Insurance PTE and Another (The “Copa Casino”) 2011 EWCA Civ 1572, the Court of Appeal considered whether a failure to raise a breach of warranty defence in a letter declining cover, in relation to a loss under a marine insurance policy, amounted to a waiver of the right to rely on that defence
Late application by insurer to re-amend defence succeeds in part
- Edwards Wildman Palmer LLP
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- United Kingdom
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- May 8 2012
In Elafonissos Fishing & Shipping Co v Aigaion Insurance Co SA (2012) EWHC 892 (Comm), the defendant insurers, Aigaion Insurance Co SA (Aigaion), sought to re-amend its Defence to a claim brought by the claimant, Elafonissos Fishing & Shipping Co (Elafonissos), under a policy for marine insurance in relation to a damaged vessel, and to adduce expert evidence in support of its amendments
The English High Court finds no compelling reason to displace a UAE jurisdiction clause
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 12 2012
In Aizkir Navigation Inc v Al Wathba National Insurance 2011 EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims "be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)" amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause
Court of Appeal rules 'follow the settlements' clause not sufficient to permit a stay of proceedings
- Edwards Wildman Palmer LLP
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- United Kingdom
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- November 1 2012
In Amlin Corporate Member Ltd v Oriental Assurance Corporation 2012 EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance
High Court says warranties to be construed narrowly
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 20 2012
In Elafonissos Fishing and Shipping Company v Aigaion Insurance Company SA 2012 EWHC 1512 (Comm), the High Court found that the defendant insurer must pay for losses suffered by the claimant's fishing vessel as a result of Cyclone Bondo in Madagascar in 2006
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