This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …
Full SummaryNelson Marketing International v. Royal and Sun Alliance Insurance, 2003 BCSC 439
The issue in this appeal was whether the Master had correctly set aside a jury notice. The underlying facts were that a cargo of wooden flooring carried from Malaysia to Long Beach, California was damaged. The cargo was insured by the Plaintiff with the Defendant but the Defendant denied coverage on various grounds. At first instance the Master set aside …
Full SummaryGarfield Container Transport Inc. v. Chubb Insurance Co. of Canada, 2002 CanLII 41106
The Plaintiff was a transportation company specializing in taking cargo from ships and delivering such cargo to the customs clearance warehouse and, eventually, to the purchaser. The Plaintiff was insured by the Defendant under a policy which provided coverage for goods shipped under a bill of lading and in due course of transit. In this instance the Plaintiff delivered equipment …
Full SummaryWhiten v. Pilot Insurance Co., 2002 SCC 18
Although not a marine insurance case, this decision by the Supreme Court of Canada is of significant interest to marine insurers. The facts were that the Plaintiff’s home was destroyed in a fire. The Defendant, the Plaintiff’s insurer, denied the claim made under the insurance policy on the grounds that the fire had been deliberately set even though the local …
Full SummaryConohan v. The Cooperators, 2002 FCA 60
This case arose out of a collision between the "Lady Brittany" and "Cape Light II" off Prince Edward Island. At the time of the collision the "Cape Light II" was at anchor. Following the collision, blood alcohol readings were taken from the Master of the "Lady Brittany" which indicated his blood alcohol content was above the legal limit. An action …
Full SummaryWaterworks Construction Ltd. v. Liberty Mutual Insurance Co., 2001 NSSC 125
This action arose out of the sinking of a concrete casing which was determined to be a hazard. The Plaintiff alleged that its liability for the cost of removal of the casing was covered by an insurance policy issued by the Defendant. There was, however, a second action between the Plaintiff and other parties relating to the liability for the …
Full SummaryTrenton Cold Storage Ltd. v. St. Paul Fire & Marine Insurance Co., CanLII 20561
Although not a marine insurance case this decision relates to an issue that marine underwriters are often called upon to deal with. The case concerned a fire at the assured’s warehouse which resulted in damage to goods belonging to one of its customers. The assured had two liability policies; a warehouseman’s legal liability policy and an umbrella excess policy that …
Full SummaryChubb Insurance Co. of Canada v. Cast Line Ltd., [2001] Q.J. No. 2363
This was a subrogated action by a cargo insurer against an ocean carrier for damage occasioned to a container of cheese. The Defendant carrier brought this motion arguing that the Plaintiff insurer had no right to bring the action as it had no rights of subrogation. The Defendant relied upon the terms of the receipt signed by the assured which …
Full SummaryElkhorn Developments Ltd. v. Sovereign General Insurance Co. et al., 2001 BCCA 243
This was an application by the Defendants for summary dismissal of the Plaintiff’s claim for coverage under a hull and machinery policy. The policy contained a warranty that any movements of the barge would be subject to underwriters’ prior approval. In breach of this warranty, the barge was moved without any notice to underwriters and sank four days after the …
Full Summary1013799 Ontario Ltd. v. Kent Line International Ltd., 2000 CanLII 16926
This was an action against a freight forwarder and insurance broker for breach of contract and negligence arising out of damage to a cargo of chocolate bars shipped to Trinidad. The cargo was insured subject to the Institute Frozen Food Clauses which only provided coverage in the event of mechanical breakdown of the reefer units for a period longer than …
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