Riverport Seafoods Ltd. v. Insurance Co. of North America and ors. (The Kenney) - Fed.Ct. (Mahoney J.F.C.C.) - 1 October 1981

Marine insurance - Whether loss occasioned by peril of the sea

The plaintiffs’ fishing trawler Kenney was insured by the defendant underwriters. In May 1975 the Kenney filled with seawater and sank alongside a wharf at Riverport, Nov Scotia. The weather was fair and the water calm. There was no unusual tidal action. An inspection after she was raised disclosed no probable explanation of the sinking. The vessel was agreed to have been a total constructive loss within the terms of the insurance policy.