Franke v CIC General Insurance Ltd (The ""Coral”) - New South Wales Court of Appeal (Gleeson CJ, Kirby P and Sheller JA) - 18 April 1994

Marine insurance - Unvalued or open policy - Loss of vessel under tow - Whether towing charges constitute a ""disbursement to make the ship fit for the voyage or adventure”

The vessel, the dredge Coral , was being towed from Brisbane to Alang, India, where she was to be scrapped. The appellant had insured the vessel with the respondents under a commercial hull policy, the period of insurance being from departure Brisbane to arrival at Alang. The policy was an unvalued or open policy and subject to the Marine Insurance Act 1909 (which is the Australian equivalent to the English Marine Insurance Act 1906).