Sun Alliance & London Insurance Plc & Ors v PT Asuransri Dayin Mitra TBK

Sun Alliance & London Insurance Plc & Ors v PT Asuransri Dayin Mitra TBK

ADM is not liable to indemnify Pelumin because the vessel was not in class with KR as warranted, the delivery voyage cover was subject to the vessel being in class and it was not, and the delivery voyage cover had not incepted as the vessel had not started the voyage from Yeo Su at the time of loss. The English court has exclusive jurisdiction by agreement of the parties.

Parties
Claimant: Sun Alliance & London Insurance PLC; Claimant: Watkins Syndicate Singapore Pte Limited; Claimant: Swiss Re; Claimant: Groupama Transport; Defendant/part 20 Claimant: PT. Asuransri Dayin Mitra Tbk (ADM); Part 20 Defendant: P.T. Pelumin and/or Owners The “No 1 Dae Bu”
Jurisdiction
England and Wales
Judgment Date
11 April 2006
Procedural Posture
Commercial Insurance Dispute / Judgment After Trial on Affidavit Evidence
Outcome
Declarations of non-liability granted in favour of ADM; ADM not liable to indemnify Pelumin under the policy for the loss of the vessel.
Legal Topics
Marine Insurance, Jurisdiction Clauses, Choice of Law, Warranties in Insurance, Seaworthiness, Negative Declaratory Relief
Insurance Law Maritime Law Conflict of Laws Marine Insurance Jurisdiction Clauses Choice of Law Warranties in Insurance Seaworthiness +1 more

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Parties

Sun Alliance & London Insurance PLC

Claimant

Watkins Syndicate Singapore Pte Limited

Claimant

Swiss Re

Claimant

Groupama Transport

Claimant

PT. Asuransri Dayin Mitra Tbk (ADM)

Defendant/part 20 Claimant

P.T. Pelumin and/or Owners The “No 1 Dae Bu”

Part 20 Defendant

Procedural Posture

Commercial Insurance Dispute / Judgment After Trial on Affidavit Evidence

Legal Issues

  1. 1 Whether ADM is liable to indemnify Pelumin for the loss of the vessel under the marine insurance policy and endorsement
  2. 2 Whether the vessel was in class as warranted
  3. 3 Whether the delivery voyage cover had incepted at the time of loss

Ratio Decidendi

ADM is not liable to indemnify Pelumin because the vessel was not in class with KR as warranted, the delivery voyage cover was subject to the vessel being in class and it was not, and the delivery voyage cover had not incepted as the vessel had not started the voyage from Yeo Su at the time of loss. The English court has exclusive jurisdiction by agreement of the parties.

Court Disposition

Declarations of non-liability granted in favour of ADM; ADM not liable to indemnify Pelumin under the policy for the loss of the vessel.

Orders

  • Declarations that ADM is not liable to indemnify Pelumin for the loss of the vessel under the marine insurance policy and endorsement.