Heath Lambert Ltd v Sociedad De Corretaje De Seguros & Anor

The cause of action for the premium did not accrue until the expiry of 90 days from attachment, as per the express terms of the policy. Therefore, the claim for premium in respect of the extension from July to December 1996 was not time barred.

Parties: Claimant/respondent: Heath Lambert Limited; First Defendant/appellant: Sociedad de Corretaje de Seguros (SCORT); Second Defendant/appellant: Banesco Seguros CA
Jurisdiction: England and Wales
Judgment Date: 23 June 2004
Procedural Posture: Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome: Appeals dismissed
Legal Topics: Marine Insurance, Limitation of Actions, Broker Liability, Contract Interpretation

Insurance Law Commercial Law Marine Insurance Limitation of Actions Broker Liability Contract Interpretation

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Parties

Heath Lambert Limited

Claimant/respondent

Sociedad de Corretaje de Seguros (SCORT)

First Defendant/appellant

Banesco Seguros CA

Second Defendant/appellant

Procedural Posture

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

Legal Issues

1 When did the cause of action for unpaid reinsurance premium accrue under the policy?
2 Was the claim for premium time barred under the Limitation Act 1980?

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

First Appellant to pay 50% of Respondent's costs of appeals, subject to detailed assessment.
Second Appellant to pay remaining 50% of Respondent's costs of appeals, subject to detailed assessment.