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United Kingdom marine insurance

Sealion Shipping Ltd v Valiant Insurance Co (The Toisa Dorado)

[2012] EWHC 3834 (Comm)
JurisdictionUnited Kingdom
CourtEngland and Wales High Court (Commercial Court)
Year2012
StatusBinding authority

Summary

Marine insurance war risks policy: piracy constitutes a covered peril and ransom payments may be recoverable under the sue and labour clause.

Key Principle

marine insurance; war risks; piracy; ransom payment; sue and labour clause

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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