Insurance Law Monthly
Marine insurance: duration of cover
The Federal Court of Australia Full Court has in Swashplate Pty Ltd v Liberty Mutual Insurance Co [2020] FCAFC 137 reversed the first instance decision of Allsop J [2020] FCA 15. The case involved a policy taken out in Australia in respect of a risk located in the US, with a 15-hour time difference between the two jurisdictions. Did the words “From 19 May 2018 … to Date of Arrival” refer to the time in the US (insufficient packing having occurred earlier) or to the time in Australia (when the packing had not yet taken place)?
Swashplate
: the facts