In marine insurance, loss caused by drug smugglers hiding drugs on a vessel did not fall within the war risks forfeiture peril; proximate cause was the smuggling, not a covered peril.
insurance
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.
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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