Eurodale Manufacturing Ltd. v Ecclesiastical Insurance Office Plc [2003] EWCA Civ 203 (10 February 2003)

Eurodale Manufacturing Ltd. v Ecclesiastical Insurance Office Plc [2003] EWCA Civ 203 (10 February 2003)

The typed Voyages Clause in the policy provided that cover attached from the time the assured accepted delivery of the goods and continued during the ordinary course of transit. This clause, being typed, took precedence over the printed Institute Cargo Clauses. The arrangement constituted a single transit venture, and the goods were covered from delivery to the warehouse, even if held 'on hold' pending onward delivery. The insurers were therefore liable for the loss.

Citation
[2003] EWCA Civ 203
Parties
Claimant/respondent: Eurodale Manufacturing Limited; Defendant/appellant: Ecclesiastical Insurance Office PLC
Jurisdiction
England and Wales
Judgment Date
10 February 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Transit Insurance, Interpretation of Insurance Contracts, Warehouse Storage Coverage, Typed Vs Printed Clauses
Insurance Law Commercial Law Transit Insurance Interpretation of Insurance Contracts Warehouse Storage Coverage Typed Vs Printed Clauses

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Parties

Eurodale Manufacturing Limited

Claimant/respondent

Ecclesiastical Insurance Office PLC

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the insurance policy covered goods stored in a warehouse 'on hold' prior to onward delivery under a transit insurance policy
  2. 2 Whether typed clauses in the policy override printed Institute Cargo Clauses in case of inconsistency

Ratio Decidendi

The typed Voyages Clause in the policy provided that cover attached from the time the assured accepted delivery of the goods and continued during the ordinary course of transit. This clause, being typed, took precedence over the printed Institute Cargo Clauses. The arrangement constituted a single transit venture, and the goods were covered from delivery to the warehouse, even if held 'on hold' pending onward delivery. The insurers were therefore liable for the loss.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Costs to be assessed on the standard basis by the costs judge if not agreed.