Skandia Insurance Co. Ltd. v. Skoljarev & Anr. - High Court of Australia - Chief Justice Barwick, Mr. Justice Gibbs, Stephen, Mason and Aickin - Sept. 18, 1979

Marine insurance - Peril of the seas

A policy of marine insurance, issued by the appellants, included cover in respect of “perils of the sea”. Shortly after leaving port the ship sank in a sea which, though subject to a considerable swell, was calm. The appellants alleged that the loss was caused by unseaworthiness in the ship or negligence on the part of the master and crew.