Navalmar UK Ltd v Ergo Versicherung AG & Anor (BSLE SUNRISE) [2019] EWHC 2860 (Comm) (04 November 2019)

Defendants are entitled to raise a Rule D defence under York-Antwerp Rules as a defence to liability under General Average Guarantees; nothing is payable under the guarantees if the loss was caused by owner's actionable default or until that issue is resolved.

Citation: [2019] EWHC 2860 (Comm)
Parties: Claimant: Navalmar UK Limited; Defendant: Ergo Versicherung AG; Defendant: Chubb European SE
Jurisdiction: England and Wales
Judgment Date: 04 November 2019
Procedural Posture: Commercial Court Preliminary Issue / Trial of Preliminary Issue
Outcome: Preliminary issue resolved in favour of defendants; owner cannot recover under GA guarantees if Rule D defence is available.
Legal Topics: General Average Guarantees, York Antwerp Rules, Rule D Defence, Contract Construction, Cargo Insurance

Maritime Law Insurance Law Contract Law General Average Guarantees York Antwerp Rules Rule D Defence Contract Construction Cargo Insurance

Case Brief

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Parties

Navalmar UK Limited

Claimant

Ergo Versicherung AG

Defendant

Chubb European SE

Defendant

Procedural Posture

Commercial Court Preliminary Issue / Trial of Preliminary Issue

Legal Issues

1 Whether defendants can raise a Rule D defence under York-Antwerp Rules as a defence to liability under General Average Guarantees

Ratio Decidendi

Court Disposition

Preliminary issue resolved in favour of defendants; owner cannot recover under GA guarantees if Rule D defence is available.

Orders

Claim against defendants under GA guarantees dismissed pending resolution of Rule D defence.