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United Kingdom marine insuranceguarantees and indemnities

Aspen Underwriting Ltd v Credit Europe Bank NV

[2020] UKSC 11
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2020
StatusBinding authority

Summary

Bank mortgagee held to have insurable interest in vessel and was entitled to indemnity under hull and machinery policy measured by its mortgage debt.

Key Principle

marine insurance; insurable interest; bank as mortgagee; measure of indemnity; hull and machinery

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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