British and Foreign Marine Insurance Company Ltd v Gaunt
| Jurisdiction | England & Wales |
| Judgment Date | 18 April 1921 |
| Date | 18 April 1921 |
| Court | House of Lords |
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77 cases
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Netherlands (State of The) (represented by the Minister of Defence) v Youell
...is to impose a duty to sue and labour — a very restricted duty compared with the general obligations contended for.” On appeal, [1921] 2 AC 41 at p. 65, Lord Sumner said: “The section obviously refers to suing and labouring. It cannot possibly be read as meaning that if the agents of the as......
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Global Process Systems Inc. and Another v Syarikat Takaful Malaysia Berhad (The "Cendor MOPU")
...( Soya GmbH Mainz Kommandgesellschaft v. White [1982] 1 Lloyd's 136 at.149, per Donaldson LJ). The leading case is British and Foreign Marine Insurance Co Ltd v. Gaunt [1921] 2 AC 41 which concerned a cargo of wool shipped from Chile to England and insured, as in the present case, under an ......
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7 firm's commentaries
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Court Of Appeal Summaries (August 30 ' September 3, 2021)
...National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66, British and Foreign Marine Insurance Co. v. Gaunt, [1921] 2 A.C. 41 (H.L.), Jessy's Pizza (Bedford) v. Economical Mutual Insurance Company, 2008 NSSM 38, MRI Healthcare Center of Glendale, Inc. v. State Far......
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Court Of Appeal Summaries (August 30 ' September 3, 2021)
...National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66, British and Foreign Marine Insurance Co. v. Gaunt, [1921] 2 A.C. 41 (H.L.), Jessy's Pizza (Bedford) v. Economical Mutual Insurance Company, 2008 NSSM 38, MRI Healthcare Center of Glendale, Inc. v. State Far......
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All Perils Policies: Is COVID-19 An Insured Peril?
...virus can be considered physical damage within the meaning of the policy. Footnotes 1. British & Foreign Marine Insurance Co. v. Gaunt, [1921] 2 A.C. 41. 2. Fandasia Restaurant Ltd. v. Strathcona General Insurance Co., 1984 CarswellBC 796. 3. United Technologies Corp. v. American Home Assur......
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The Interpretation Of Standard Form Insurance Policies: $56 Million Award Overturned
...only fortuitous or unanticipated losses. The Court further referred to the case of British and Foreign Marine Insurance Co. v. Gaunt, [1921] 2 A.C. 41 (H.L.), which found that the words "all-risk" cannot be held to cover all damage. The Court in Gaunt stated that "Damage, in other words, if......
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9 books & journal articles
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CHAPTER 7
...excluded. It has long been recognized, however, that “all-risk” does not mean all-loss. British & Foreign Marine Ins. Co. v. Gaunt, [1921] 2 A.C. 41, 57 (Eng.); Mellon v. Fed. Ins. Co., 14 F.2d 997, 1002-03 (S.D.N.Y. 1926) (A. Hand, J.). A loss that is inevitable is not a risk. This concept......
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Insurance
...[2013] FCA 1420 at [65]–[72], per Kenny J (appeal dismissed: [2016] FCAFC 17). 198 British and Foreign Marine Insurance Co Ltd v Gaunt [1921] 2 AC 41 at 47, per Lord Birkenhead LC; Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCA 223 at [52], per Sackville AJA. INSURA......
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Table of cases
...153 D.L.R. (4th) 385 ..........................................................166 British and Foreign Marine Insurance Co. v. Gaunt, [1921] 2 A.C. 41 (H.L.) ..193 Broadhurst & Ball v. American Home Assuranc Co. (1990), 1 O.R. (3d) 225, 76 D.L.R. (4th) 80 (C.A.)...................................
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Table of cases
...Co, [1992] 3 SCR 87, [1992] ILR 2051, [1992] SCJ No 86 ......... 283, 284, 287, 340 British and Foreign Marine Insurance Co v Gaunt, [1921] 2 AC 41 (HL) ............................................................................... 28, 294 British Columbia v Zastowny, 2008 SCC 4 ................
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