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United Kingdom marine insurance

Atlasnavios-Navegacao LDA v Navigators Insurance Co Ltd (The B Atlantic)

[2018] UKSC 26
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Summary

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.

Key Principle

marine insurance; loss caused by drug smuggling; forfeiture as insured peril; proximate cause

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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