In the recent case of Atlasnavios – Navegação, LDA v. Navigators Insurance Company Ltd and Ors (B Atlantic) [2016] EWCA Civ 808, the Court of Appeal reversed the Commercial Court decision. The Court of Appeal held that the war risk insurers (“Insurers”) were not liable for the total loss of the B Atlantic (the “Vessel”). This vessel was confiscated by the Venezuelan authorities after cocaine was found strapped to her hull.
On 16 August 2007, the Vessel was detained and the crew was arrested after an underwater inspection of the Vessel in Lake Maracaibo. The inspection had revealed cocaine strapped to her hull below her waterline. The divers discovered three bags of cocaine weighing 132 kg strapped to the Vessel’s hull. It was a breach of Venezuelan 2005 Anti-Drug Law. The Master and second officer were arrested and sentenced to 9-year in prison.
See attached file: ALCO20160017 SMUGGLING and TOTAL LOSS – Insurers did not cover the total loss on technical grounds!.pdf
毒品走私和全损 – 从技术层面保险人不承担全损赔偿责任
最近的Atlasnavios – Navegação, LDA v. Navigators Insurance Company Ltd and Ors (B Atlantic) [2016] EWCA Civ 808一案中，上诉法院推翻商事法庭的判决。上诉院认为，战争险保险人(保险人)对于涉案船舶B Atlantic轮不承担全损赔偿责任。当发现船壳上捆绑可卡因后，船舶被委内瑞拉当局没收。
2007年8月16日，船舶在马拉开波湖进行水底检测之后，船舶被滞留且船员被扣。检验披露，吃水线以下的船壳上捆有可卡因。潜水员发现3包重达132千克的可卡因绑在船壳上。这违反2005年委内瑞拉禁毒法。船长和二副被捕并判入狱9年。
详细信息请参阅附件。
