South Africa Case Law

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015)

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015) [2016] ZASCA 21; [2016] 2 All SA 730 (SCA); 2016 (6) SA 335 (SCA) (18 March 2016)

Court

Supreme Court of Appeal

Case number

41/2015

Judges

Maya, Wallis, Saldulker, Swain, Victor

The Supreme Court of Appeal held that a Merchant Shipping Act warranty did not defeat an Inchmaree insurance claim and awarded Viking Inshore Fishing indemnity with interest.

• Marine Insurance
• Inchmaree Clause
• Merchant Shipping Act Warranty
• Due Diligence
• Admissibility Of Hearsay
• Quantum Of Indemnity

Viking Inshore Fishing (Pty) Ltd v Mutual And Federal Insurance Company Limited (AC 22/07)

Viking Inshore Fishing (Pty) Ltd v Mutual And Federal Insurance Company Limited (AC 22/07) [2014] ZAWCHC 154 (17 October 2014)

Court

Western Cape High Court, Cape Town

Case number

AC 22/07

Judge

N J Yekiso

The court found that the Merchant Shipping Act Warranty in the marine hull policy imposed a strict obligation on Viking to comply with safety and seaworthiness regulations at all times. The Inchmaree clauses did not nullify the warranty, and both must be read together. Evidence, including admissible hearsay, established that at the time of the collision, there was no qualified officer on the bridge of the 'Lindsay' and Viking failed to prepare and preserve a schedule of duties as required by regulation 6B. These breaches constituted non-compliance with the warranty, entitling Mutual & Federal…

Source excerpt

• Marine Hull Insurance
• Promissory Warranty
• Merchant Shipping Act
• Inchmaree Clause
• Admissibility Of Hearsay
• Safe Manning Regulations

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007)

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007) [2013] ZAWCHC 163 (30 October 2013)

Court

Western Cape High Court, Cape Town

Case number

AC22/2007

Judge

D M Davis

The court refused to separate issues in a marine insurance dispute over an Inchmaree clause, a Merchant Shipping Act warranty, and the onus on due diligence.

• Marine Insurance
• Inchmaree Clause
• Merchant Shipping Act Warranty
• Separation Of Issues
• Burden Of Proof
• Due Diligence