Marine Insurance in UK Law

Leading Cases
  • Samuel (P.) & Company Ltd v Dumas
    • House of Lords
    • 25 Febrero 1924

    It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the misconduct of one is sufficient to contaminate the whole insurance ( Phillips on Marine Insurance, vol.

    The rule is statutory and courts have to apply, not to change it. Where a loss is caused by two perils operating simultaneously at the time of loss and one is wholly excluded because the policy is warranted free of it, the question is whether it can be denied that the loss was so caused, for if not the warranty operates. Accordingly the explanation of the two cases cited in this connection, Leyland Co. v. Norwich Union and Reischer v. Borwick, I think, is this.

  • Gurtner v Circuit
    • Court of Appeal (Civil Division)
    • 14 Diciembre 1967

    I prefer to give a wide interpretation to the rule, as Lord Esher, Master of the Rolls, did in Byrne v. Brown (1889) 22 Queen's Bench Division, p. 657. It seems to me that when two parties are in dispute in an action at law, and the determination of that dispute will directly affect a third person in his legal rights or in his pocket, in that he will be bound to foot the bill, then the Court in its discretion nay allow him to be added as a party on such terns as it thinks fit.

  • Wayne Tank and Pump Company Ltd v Employers Liability Assurance Corporation Ltd
    • Court of Appeal (Civil Division)
    • 07 Junio 1973

    The assured does not undertake that the ship or cargo shall not be captured. There is merely a stipulation that the policy shall not apply to such a loss"-. I think the law in this respect in the same both for marine and non-marine, namely, that if the loss is caused by two causes effectively operating at the same time and one is wholly expressly excluded from the policy, the policy does not pay.

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 Diciembre 2001

    Where the dispute is between two contracting parties, A and B, and A sues B in a non-contractual forum, and A's claims fall within the scope of the exclusive jurisdiction clause in their contract, and the interests of other parties are not involved, effect will in all probability be given to the clause.

  • Manifest Shipping Company Ltd v Uni-Polaris Shipping Company Ltd (Star Sea)
    • House of Lords
    • 18 Enero 2001

    All these formulations reject the suggestion that even gross negligence will suffice. The illuminating question therefore becomes "why did he not inquire?" If the judge is satisfied that it was because he did not want to know for certain, then a finding of privity should be made. If, on the other hand, he did not enquire because he was too lazy or he was grossly negligent or believed that there was nothing wrong, then privity has not been made out.

  • Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 28 Julio 1988

    We do not think that the nature of the contract as one of the utmost good faith can be used as a platform to establish a common law duty of care. Parliament has provided that in the case of marine insurance the consequence of a failure to disclose a material fact, and by inference the only consequence, is that the contract may be avoided. It is not suggested that the consequences in non-marine insurance should be different.

See all results
Legislation
See all results
Books & Journal Articles
See all results
Forms
  • Chapter IPT11300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . . . . Dictionary of Insurance. C Bennett. Pitman. A comprehensive guide to the ... Sweet & Maxwell. A very detailed guide to non-marine insurance law. . . Insurance Law Handbook. Jeremy Wood ......
  • Chapter GIM1050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... . . Another characteristic of a contract of insurance is the existence of an insurable interest. . This is not a general rule ... Act’ 1774 (which is not confined to life insurance) and the ‘Marine Insurance Acts’ of 1746 and 1778, codified in the Marine Insurance Act ......
  • Chapter IPT03650
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . In order for an insurance contract to exist there must be a written or verbal contractual ... (although in the case of some specific types of insurance, such as marine insurance, the contract must be in writing);. there must be an offer;. ......
  • Chapter GIM1120
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......insurance and some marine insurance is still conducted on this simple basis in ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT