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Lloyd's Maritime Law Newsletter

Cooper v. Phoenix Prudential Australia Ltd. & Anr. (The Hood) - Supreme Ct. of Western Australia (Burt C.J.) - 22 June 1983

Marine insurance - Whether vessel “sent to sea” (WESTERN AUSTRALIA)

The plaintiff was a professional fisherman and was the owner and skipper of the fishing boat Hood . The plaintiff had insured the vessel with the defendant under a time policy of marine insurance. In May 1982 the plaintiff decided to sail the boat from her mooring pen at Emm Point, near Albany, to Bremer Bay on a fishing venture. The vessel arrived at Bremer Bay on 7 May and anchored about 100 metres off shore that night. The following day was spent in fishing, after which the vessel again anchored off shore.

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