Starlight Shipping Company v Allianz Marine And Aviation Versicherungs AG & Ors[2014] EWHC 3068 (Comm) (26 September 2014)

Starlight Shipping Company v Allianz Marine And Aviation Versicherungs AG & Ors[2014] EWHC 3068 (Comm) (26 September 2014)

The settlement agreements, properly construed in light of business common sense and the joint tortfeasor rule, released and indemnified the insurers and their servants and agents from all claims relating to the loss of the vessel, including those brought in Greece. The Greek proceedings were in breach of the settlement agreements and exclusive jurisdiction clauses. The applicants are entitled to summary judgment, declaratory relief, and specific performance as sought.

Citation
[2014] EWHC 3068 (Comm)
Parties
Claimant/first Respondent/defendant: Starlight Shipping Company; Third Party/respondent/defendant: Overseas Marine Enterprises Inc; Defendant/applicant/claimant: Allianz Marine and Aviation Versicherungs AG; Defendant/applicant/claimant: Royal and Sun Alliance Insurance PLC; Defendant/applicant/claimant: Assicurazioni Generali SpA; Defendant/applicant/claimant: Rembrandt Insurance Company Limited; Defendant/applicant/claimant: Brit UW Limited; Defendant/applicant/claimant: Nicholas Burkinshaw; Defendant/applicant/claimant: Hiscox Dedicated Corporate Member Ltd; Defendant/applicant: Hill Dickinson LLP; Defendant/applicant: Hill Dickinson International; Defendant/applicant: Michael Francis Mallin; Defendant/applicant: Alexandra Julia Tytheridge; Defendant/applicant: Maria Moisidou; Defendant/applicant/intended Claimant: Daniel McCarthy; Defendant/applicant/intended Claimant: Dave Vale; Defendant/applicant/intended Claimant: Mark Watters; Defendant/applicant/intended Claimant: Simon Langridge; Defendant/applicant/intended Claimant: William Graham Hensman; Defendant/applicant/intended Claimant: Keith Richard Potter; Defendant/applicant/intended Claimant: Stephen Bishop; Defendant/applicant/intended Claimant: Richard Chown; Defendant/applicant/intended Claimant: Simon Vincent Stonehouse; Defendant/applicant/intended Claimant: Marion Susan Frazer; Defendant/applicant/intended Claimant: Daniel Tony Dobisz; Defendant/applicant/intended Claimant: Iain James Henstridge; Defendant/applicant/intended Claimant: Brendan Allan Flood; Defendant/applicant: Charles Taylor Adjusting Limited; Defendant/applicant: Gordon Elliot; Claimant/applicant: Hellenic Hull Mutual Association PLC; Intended Claimant: Ilias Tsakiris; Defendant/respondent: Imperial Marine Co; Defendant/respondent: Seagarden Shipping Inc; Defendant/respondent: Wave Navigation Ltd; Defendant/respondent: Cyclone Maritime Co; Defendant/respondent: Bristol Marine Co
Jurisdiction
England and Wales
Judgment Date
26 September 2014
Procedural Posture
Commercial Court Multi Party Insurance and Settlement Enforcement Proceedings / Post Appeal, Applications for Summary Judgment, Declaratory Relief, Specific Performance, and Joinder Following Supreme Court and Court of Appeal Decisions
Outcome
Applications granted. Summary judgment, declaratory relief, specific performance, and joinder ordered as sought by applicants. Respondents' arguments rejected.
Legal Topics
Settlement Agreements, Exclusive Jurisdiction Clauses, Indemnity Provisions, Enforcement of Foreign Judgments, Summary Judgment, Joinder of Parties, Interpretation of Contracts, Joint Tortfeasor Rule, Declaratory Relief, Specific Performance
Commercial Law Insurance Law Conflict of Laws Civil Procedure Settlement Agreements Exclusive Jurisdiction Clauses Indemnity Provisions Enforcement of Foreign Judgments +6 more

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Parties

Starlight Shipping Company

Claimant/first Respondent/defendant

Overseas Marine Enterprises Inc

Third Party/respondent/defendant

Allianz Marine and Aviation Versicherungs AG

Defendant/applicant/claimant

Royal and Sun Alliance Insurance PLC

Defendant/applicant/claimant

Assicurazioni Generali SpA

Defendant/applicant/claimant

Rembrandt Insurance Company Limited

Defendant/applicant/claimant

Brit UW Limited

Defendant/applicant/claimant

Nicholas Burkinshaw

Defendant/applicant/claimant

Hiscox Dedicated Corporate Member Ltd

Defendant/applicant/claimant

Hill Dickinson LLP

Defendant/applicant

Hill Dickinson International

Defendant/applicant

Michael Francis Mallin

Defendant/applicant

Alexandra Julia Tytheridge

Defendant/applicant

Maria Moisidou

Defendant/applicant

Daniel McCarthy

Defendant/applicant/intended Claimant

Dave Vale

Defendant/applicant/intended Claimant

Mark Watters

Defendant/applicant/intended Claimant

Simon Langridge

Defendant/applicant/intended Claimant

William Graham Hensman

Defendant/applicant/intended Claimant

Keith Richard Potter

Defendant/applicant/intended Claimant

Stephen Bishop

Defendant/applicant/intended Claimant

Richard Chown

Defendant/applicant/intended Claimant

Simon Vincent Stonehouse

Defendant/applicant/intended Claimant

Marion Susan Frazer

Defendant/applicant/intended Claimant

Daniel Tony Dobisz

Defendant/applicant/intended Claimant

Iain James Henstridge

Defendant/applicant/intended Claimant

Brendan Allan Flood

Defendant/applicant/intended Claimant

Charles Taylor Adjusting Limited

Defendant/applicant

Gordon Elliot

Defendant/applicant

Hellenic Hull Mutual Association PLC

Claimant/applicant

Ilias Tsakiris

Intended Claimant

Imperial Marine Co

Defendant/respondent

Seagarden Shipping Inc

Defendant/respondent

Wave Navigation Ltd

Defendant/respondent

Cyclone Maritime Co

Defendant/respondent

Bristol Marine Co

Defendant/respondent

Procedural Posture

Commercial Court Multi Party Insurance and Settlement Enforcement Proceedings / Post Appeal, Applications for Summary Judgment, Declaratory Relief, Specific Performance, and Joinder Following Supreme Court and Court of Appeal Decisions

Legal Issues

  1. 1 Whether Greek proceedings breached settlement agreements and exclusive jurisdiction clauses
  2. 2 Whether settlement agreements covered claims against servants/agents/individuals of insurers
  3. 3 Whether indemnity and settlement provisions extended to claims in Greece

Ratio Decidendi

The settlement agreements, properly construed in light of business common sense and the joint tortfeasor rule, released and indemnified the insurers and their servants and agents from all claims relating to the loss of the vessel, including those brought in Greece. The Greek proceedings were in breach of the settlement agreements and exclusive jurisdiction clauses. The applicants are entitled to summary judgment, declaratory relief, and specific performance as sought.

Court Disposition

Applications granted. Summary judgment, declaratory relief, specific performance, and joinder ordered as sought by applicants. Respondents' arguments rejected.

Orders

  • Summary judgment for applicants declaring Greek proceedings breached settlement agreements and exclusive jurisdiction clauses.
  • Declaratory relief that settlement agreements cover claims against servants and agents of insurers.