Atlasnavios Navegação Lda v Navigators Insurance Co Ltd and Others (The “B Atlantic”) – QBD (Comm Ct) (Flaux J) [2014] EWHC 4133 (Comm) 案，法院于2014年12月7日做出了一个非常有意思的判决，持有战争险保单的船东应予以关注。
2007年8月13日，B Atlantic 轮在委内瑞拉马拉开波湖装货，卸货港为意大利。装货完毕，潜水员在对船舶进行水底检测时，在吃水线以下10米处发现了重达132千克的3袋可卡因。
保险人向来不希望船东卷入任何形式的犯罪。将毒品捆扎在船体上的嫌疑人尚未确定。本案中，船东起诉战争险保险人，认为船舶滞留超过6个月，应推定全损，依据是修订的协会船舶战争险和罢工险条款1/10/83(协会战争险和罢工险条款)第3条的规定。
详细信息请参阅附件。
War and Risk Policy – Potent mix of issues of Total Constructive Loss on Detention on Drug Trafficking Charges
In a recent case of Atlasnavios Navegação Lda v Navigators Insurance Co Ltd and Others (The “B Atlantic”) – QBD (Comm Ct) (Flaux J) [2014] EWHC 4133 (Comm), a very interesting judgment came on 7 Dec 2014 that should be of interest to all ship owners who take out War and Risk Policy.
On 13 August 2007, upon completion of loading of a cargo of coal in Lake Maracaibo, Venezuela for discharge in Italy, the vessel B Atlantic, owned by the Ship owner, was subject to an underwater inspection by divers who discovered three bags of cocaine weighing 132 kg strapped to the hull 10 m below the waterline.
It was never suggested by the insurers that the owners themselves were implicated in the commission of the offence in any way. The drugs were affixed by persons unknown. In the present proceedings the owners claimed against the defendant who were the war risks insurers (the insurers) for the constructive total loss of the vessel by reason of her detention for longer than the six months provided for in clause 3 of the Institute War and Strikes Clauses Hull 1/10/83 (the Institute War and Strikes Clauses) as amended.
See attached file:
ALCO20150008 War and Risk Policy – Potent mix of issues of Total Constructive Loss on Detention on Drug Trafficking Charges.pdf
