Cruise And Maritime Services International Ltd v Navigators Underwriting Agency Ltd Re Marco Polo [2017] EWHC 843 (Comm) (12 April 2017)

Cruise And Maritime Services International Ltd v Navigators Underwriting Agency Ltd Re Marco Polo [2017] EWHC 843 (Comm) (12 April 2017)

The Claimant was not a contracting carrier under the Athens Convention, nor a charterer under the Policy. The Claimant had no contractual relationship or legal liability to passengers. Payments made were for commercial and reputational reasons, not due to legal liability. Therefore, the Claimant was not entitled to indemnity under the Policy.

Citation
[2017] EWHC 843 (Comm)
Parties
Claimant: Cruise and Maritime Services International Limited; Defendant: Navigators Underwriting Agency Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Commercial Court Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Charterers Liability Insurance, Athens Convention, Contractual Liability, Norovirus Outbreak, Indemnity Claims
Insurance Law Maritime Law Charterers Liability Insurance Athens Convention Contractual Liability Norovirus Outbreak Indemnity Claims

Case Brief

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Parties

Cruise and Maritime Services International Limited

Claimant

Navigators Underwriting Agency Limited

Defendant

Procedural Posture

Commercial Court Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the Claimant was a 'contracting carrier' under the Athens Convention
  2. 2 Whether the Claimant was a charterer entitled to indemnity under the Policy
  3. 3 Whether the Claimant had legal liability to passengers for personal injury and ruined holidays

Ratio Decidendi

The Claimant was not a contracting carrier under the Athens Convention, nor a charterer under the Policy. The Claimant had no contractual relationship or legal liability to passengers. Payments made were for commercial and reputational reasons, not due to legal liability. Therefore, the Claimant was not entitled to indemnity under the Policy.

Court Disposition

Claim dismissed