This was an appeal from a judgment of the Trial Division dismissing a claim under a marine insurance policy for the loss of an excavator. The excavator was loaded on the self-propelled barge, "Palaquin", and was being carried across the Strait of Georgia. During the crossing the seas became rough and the excavator shifted and ultimately fell overboard. The Plaintiff …
Full SummaryRainbow Technicoloured Wood Veneer Ltd. v. The "Canmar Conquest" et al., 2000 CanLII 15770
This was an action by the Plaintiff against its cargo insurer for damage to a guillotine press in an amount in excess of $100,000.00. The Defendant insurer argued that coverage was excluded by clause 4.3 of the Institute Cargo Clauses (A) in that the press was insufficiently packed and prepared for shipment. The Court reviewed the evidence of the surveyors, …
Full SummaryBevan v. Gartside Marine Engines Ltd. et al., 2000 BCPC 31
This was an action against a repairer and an insurer under an all risks policy for damage caused when a transmission overheated. The Plaintiff alleged that the repairer had been negligent in performing prior repairs to the trolling valve control linkage. The Plaintiff further alleged that the damage was covered by his all risks policy. The repairer denied negligence and …
Full SummaryFraser River Pile & Dredge Ltd. v. Can-Dive Services Ltd., 2000 BCCA 4
This was an action by the owners and underwriters of the derrick barge "Sceptre Squamish" against the charterer of the barge. The "Sceptre Squamish" was lost in the Strait of Georgia when it was left by the charterer unattended in heavy weather. The charterer defended the action alleging that the loss of the barge was due to the negligence of …
Full SummaryCommercial Union Assurance Company PLC. v. M.T. Fishing Co. Ltd., 1999 CanLII 7472
In this matter the Plaintiff insurers paid out a fire damage claim. Subsequently, it was learned that the fire may have been intentionally set. The insurers then instituted a fresh investigation into these allegations which ultimately resulted in commencement of the present action to recover the insurance moneys paid. At issue in this motion was whether the reports and information …
Full SummaryRussell v. Canadian General Insurance Co., 11 C.C.L.I. (3d) 284
In this matter the Plaintiff claimed under an all risks marine policy for damage caused to a sailboat by the accumulation of water in the interior of the vessel. The damage to the sailboat occurred during the period from 1990 to 1993. The assured put the vessel into storage at the end of the summer in 1990 and left it …
Full SummaryShearwater Marine Ltd. v. Guardian Insurance Co. et.al., 1998 CanLII 5882
The Plaintiff claimed under a marine insurance policy for the constructive total loss of a 93 year old converted wooden fish packer. The vessel sank while moored to a log boom breakwater. The Defendant insurers denied coverage arguing that the assured had breached a warranty that provided: "Vessel inspected daily basis and pumped as necessary". The vessel was not boarded …
Full SummaryLockwood v. Moreira, No. C21444 (Ont. C.A.)
In this matter the insured’s pleasure craft was broken into by vandals who used citronella candles in the interior of the vessel. As a consequence, a thick sooty substance covered the interior of the vessel. The assured made a claim under the insurance policy and the insurers responded by having the interior of the vessel cleaned. The assured was not …
Full SummaryQueen Charlotte Lodge Ltd. v. Hiway Refrigeration Ltd. and Royal Insurance, 1998 CanLII 6552
In this matter the Plaintiff had purchased a used refrigeration unit from one of the defendants for use in transporting meat and vegetables to the Plaintiff’s fishing lodge in the Queen Charlotte islands. The goods were insured under a policy of insurance that included the Institute Frozen Meat Clauses A-24. These clauses contained an exclusion excluding any loss arising from …
Full SummaryPercy v. West Bay Boat Builders and Shipyards Ltd. et.al., 1997 CanLII 4139
This was an appeal of a decision in which an insurance broker was found liable for not obtaining the proper coverage for its client, a yacht builder. The issue arose when the builder was sued by a customer after the customer’s yacht caught fire. The customer alleged that the boat was negligently manufactured by the builder. The action by the …
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