Hodder Tugboat Co. Ltd. v. JJM Construction Ltd. et al., 2010 FCA 279

In Marine Insurance on (Updated )

This case involved damage to two barges that were under charter. Following the incidents giving rise to the damage an action was commenced in the name of the owner and the charterer against Texada and Pacific. This action was essentially a subrogated action brought by the underwriters of the barges. Subsequently a second action was commenced by the owner against …

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More Marine Ltd. v. Axa Pacific Insurance Company, 2010 BCSC 88

In Marine Insurance on (Updated )

The policy in issue in this case contained a clause stipulating an annual aggregate deductible (“AAD”) of $250,000. The assured alleged that the clause was added without its knowledge and without consideration. Additionally, the assured alleged that its broker was negligent. The evidence established that in the initial correspondence between the broker and the insurer the AAD clause excluded claims …

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Oppenheim v. Midnight Marine Ltd., 2010 NLTD 3

In Marine Insurance on (Updated )

The plaintiff’s barge sank at sea while carrying cargo and while being towed by one of the plaintiff’s tugs. The cargo owners subsequently commenced proceedings against the plaintiff and arrested the tug. The plaintiff advised the defendant, the insurer of the barge, of the action but the insurer refused to provide security or a defence as it was investigating whether …

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Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2009 FC 150

In Marine Insurance on (Updated )

The plaintiffs (the insureds) sought indemnity from the defendants (the insurers) for a settlement payment made by the plaintiffs to the federal government related to the sinking and raising of the “Irving Whale”. The insurers denied coverage alleging the settlement was made without their consent contrary to the terms of the policy. In these applications the plaintiffs/insureds sought production of …

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Ocean Masters Inc. v. AGF M.A.T. (Allianz AGF MAT Ltd.), 2007 NLCA 35

In Marine Insurance on (Updated )

The Plaintiff’s fishing vessel caught fire and sank 40 miles off the coast of Newfoundland. At the time, the vessel was en route to recover its crab gear which was already in the water at a location 170 miles off the coast. However, the vessel’s CSI certificate limited the vessel’s operation to within 120 miles of the coast and the …

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McIntosh v. Royal & Sun Alliance, 2007 FC 23

In Marine Insurance on (Updated )

In 2002 the Plaintiff/assured purchased a high performance power boat and took out insurance with the Defendant/insurer through the co-Defendant broker. The Plaintiff intended at some point to use the boat in a business but obtained a policy that was for pleasure use only. The Plaintiff’s broker knew of the assured’s intended use and attempted to obtain commercial coverage but …

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566935 B.C. Ltd d.b.a West Coast Resorts v. Allianz Insurance Co. of Canada, 2006 BCCA 469

In Marine Insurance on (Updated )

The issue in this case was whether the sinking of a barge was due to perils of the sea. The barge had been built in 1933 and had been used as a floating sport fishing lodge since 1995. She had been laid up for the winter in September 1999 and sank in March 2000. At the time of her sinking …

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Secunda Marine Services Ltd. v. Liberty Mutual Insurance Co., 2006 NSCA 82

In Marine Insurance on (Updated )

The Plaintiff’s vessel lost its propeller when its tail shaft broke while towing a barge. The cost of salvage and repairs was approximately $700,000. The vessel was insured at the material times by the Defendant pursuant to a policy that incorporated the Institute Time Clauses (Hulls) amended to include a Liner Negligence clause in place of the standard Inchmaree clause. …

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Nelson Marketing International Inc. v. Royal & Sun Alliance Insurance Company of Canada, 2006 BCCA 327

In Marine Insurance on (Updated )

This matter concerned damage to three separate shipments of laminated wood flooring carried on three different vessels from Singapore to Long Beach. Upon arrival all three shipments were found to be damaged by moisture. The major issue in the case was whether the damage was due to a fortuity, and therefore covered by the all risks cargo policy, or whether …

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