Sunport Shipping Ltd. & Ors v Tryg-Baltica International (UK) Ltd. & Ors [2003] EWCA Civ 12 (24 January 2003)

Sunport Shipping Ltd. & Ors v Tryg-Baltica International (UK) Ltd. & Ors [2003] EWCA Civ 12 (24 January 2003)

The expression 'customs regulations' in clause 4.1.5 of the Institute War and Strikes Clauses includes prohibitions on import of controlled drugs, and the constructive total loss of the vessel arose by reason of infringement of such regulations, so the insurer's liability is excluded.

Source-derived case information.

Citation
[2003] EWCA Civ 12
Parties
Claimant/appellant: Sunport Shipping Limited; Claimant/appellant: Prometheus Maritime Corporation; Claimant/appellant: Celestial Maritime Corporation; Claimant/appellant: Surzur Overseas Limited; Defendant/respondent: Tryg-Baltica International (UK) Ltd (formerly Colonia Baltica Insurance Ltd) and Others
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Appeal From Queen's Bench Division (commercial Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Insurance Exclusions, War Risk Insurance, Customs Regulations, Causation in Insurance Claims, Marine Insurance Constructive Total Loss
Insurance Law Maritime Law Contract Law Interpretation of Insurance Exclusions War Risk Insurance Customs Regulations Causation in Insurance Claims Marine Insurance Constructive Total Loss

Source-derived case record

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Parties

Sunport Shipping Limited

Claimant/appellant

Prometheus Maritime Corporation

Claimant/appellant

Celestial Maritime Corporation

Claimant/appellant

Surzur Overseas Limited

Claimant/appellant

Tryg-Baltica International (UK) Ltd (formerly Colonia Baltica Insurance Ltd) and Others

Defendant/respondent

Procedural Posture

Appeal From Queen's Bench Division (commercial Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether 'customs regulations' in clause 4.1.5 of the Institute War and Strikes Clauses includes prohibitions on import of controlled drugs
  2. 2 Whether the loss (constructive total loss) arose by reason of infringement of customs regulations within the meaning of the exclusion clause

Ratio Decidendi

The expression 'customs regulations' in clause 4.1.5 of the Institute War and Strikes Clauses includes prohibitions on import of controlled drugs, and the constructive total loss of the vessel arose by reason of infringement of such regulations, so the insurer's liability is excluded.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Cresswell J affirmed
  • Claimants' claim remains dismissed with costs