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)
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