Glencore International A.G. v Alpina Insurance Company Ltd. & Ors

Glencore International A.G. v Alpina Insurance Company Ltd. & Ors

Declarations for storage cover without a specified period are requests for continuous cover; failure to make further declarations does not terminate cover absent clear notification. For diverted cargoes, loss occurred under the policy as there was no evidence MTI intended to transfer equivalent oil to Glencore at the time of diversion.

Parties
Claimant: Glencore International A. G.; Defendants: Alpina Insurance Company Limited and others
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Commercial Insurance Dispute / Post Liability Judgment, Determination of Further Issues Prior to Quantum Trial
Outcome
Cheleken crude cargoes were insured at the time of loss; loss occurred under the policy for each diverted cargo.
Legal Topics
Open Cover Insurance, Storage Cover Duration, Misappropriation of Goods, Diverted Cargoes, Loss Under Insurance Policy
Insurance Law Commercial Law Open Cover Insurance Storage Cover Duration Misappropriation of Goods Diverted Cargoes Loss Under Insurance Policy

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Parties

Glencore International A. G.

Claimant

Alpina Insurance Company Limited and others

Defendants

Procedural Posture

Commercial Insurance Dispute / Post Liability Judgment, Determination of Further Issues Prior to Quantum Trial

Legal Issues

  1. 1 Whether Cheleken crude cargoes were insured at the time of loss regardless of storage period declarations
  2. 2 Whether diverted cargoes resulted in a loss under the policy absent evidence of substitution by MTI

Ratio Decidendi

Declarations for storage cover without a specified period are requests for continuous cover; failure to make further declarations does not terminate cover absent clear notification. For diverted cargoes, loss occurred under the policy as there was no evidence MTI intended to transfer equivalent oil to Glencore at the time of diversion.

Court Disposition

Cheleken crude cargoes were insured at the time of loss; loss occurred under the policy for each diverted cargo.

Orders

  • Cheleken crude cargoes deemed insured at time of loss, subject to quantum determination.
  • Loss under policy confirmed for each diverted cargo, subject to quantum determination.