Delos Shipholding SA & Ors v Allianz Global Corporate and Speciality SE & Ors

Delos Shipholding SA & Ors v Allianz Global Corporate and Speciality SE & Ors

The exclusion for arrest, restraint or detainment under customs or quarantine regulations and similar does not apply to detentions under shipping laws asserting sovereignty over territorial waters, as such laws are not similar in purpose to customs or quarantine regulations. The duty of fair presentation was not breached because the nominee director was not part of senior management and there was no requirement for the insureds to have known or to have discovered the criminal charges through reasonable enquiry.

Parties
Appellant/defendant: Delos Shipholding S.A.; Appellant/defendant: Nicholas G. Moundreas Shipping S.A.; Appellant/defendant: FML Ship Management Ltd; Appellant/defendant: The National Bank of Greece S.A.; Respondent/claimant: Allianz Global Corporate and Specialty S.E.; Respondent/claimant: AXA Corporate Solutions Assurance; Respondent/claimant: Generali IARD; Respondent/claimant: Helvetia Assurances S.A.; Respondent/claimant: Mapfre Global Risks, Compania International de Seguros y Reaseguros; Respondent/claimant: Società Italiana di Assicurazioni e Riassicurazioni P.A.
Jurisdiction
England and Wales
Judgment Date
30 July 2025
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Duty of Fair Presentation, Policy Exclusions, Marine Insurance, Constructive Total Loss, Nominee Directors, Material Non Disclosure
Insurance Law Maritime Law Commercial Law Duty of Fair Presentation Policy Exclusions Marine Insurance Constructive Total Loss Nominee Directors +1 more

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Parties

Delos Shipholding S.A.

Appellant/defendant

Nicholas G. Moundreas Shipping S.A.

Appellant/defendant

FML Ship Management Ltd

Appellant/defendant

The National Bank of Greece S.A.

Appellant/defendant

Allianz Global Corporate and Specialty S.E.

Respondent/claimant

AXA Corporate Solutions Assurance

Respondent/claimant

Generali IARD

Respondent/claimant

Helvetia Assurances S.A.

Respondent/claimant

Mapfre Global Risks, Compania International de Seguros y Reaseguros

Respondent/claimant

Società Italiana di Assicurazioni e Riassicurazioni P.A.

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Division) to Court of Appeal

Legal Issues

  1. 1 Whether the policy exclusion for 'arrest, restraint or detainment under customs or quarantine regulations and similar arrests, restraints or detainments not arising from actual or impending hostilities' applied to the vessel's detention under Indonesian shipping law.
  2. 2 Whether there was a breach of the duty of fair presentation under the Insurance Act 2015 due to non-disclosure of criminal charges against the sole nominee director.

Ratio Decidendi

The exclusion for arrest, restraint or detainment under customs or quarantine regulations and similar does not apply to detentions under shipping laws asserting sovereignty over territorial waters, as such laws are not similar in purpose to customs or quarantine regulations. The duty of fair presentation was not breached because the nominee director was not part of senior management and there was no requirement for the insureds to have known or to have discovered the criminal charges through reasonable enquiry.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.