RAPHAEL LOGISTICS T LTD VS PHOENIX T ASSURANCE CO
The accident was covered under the marine insurance policy; exclusions under ICCA did not apply as the crane was not subject to packaging/preparation and proximate cause was marine peril. Defendant breached the contract by unjustified repudiation. Plaintiff entitled to compensation as admitted by defendant's own assessor, but not to full claimed amount due to lack of strict proof.
Source excerpt
- Marine insurance
- Breach of contract
- Proximate cause
- Policy exclusions
- Subrogation
- Special damages