Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

COMPANIA DE NAVEGACION, INTERIOR, S.A. v. FIREMAN'S FUND INSURANCE COMPANY AND OTHERS. (THE "WASH GRAY.")

(1928) 31 Ll.L.Rep. 166

UNITED STATES SUPREMECOURT.

Before Chief Justice Taft and other Judges.

Insurance (marine)-Loss of inland water tug, in tow of steamship, on sea voyage -Non-disclosure of towage contract- Whether affecting insurers' right of subrogation-Allegation unaccepted that tug was negligently towed at too great a speed-Unseaworthiness-Tug unsuitable for sea voyage-Knowledge of insurers of exceptional circumstances covering risk-Higher premium exacted -No fixed or positive standard of seaworthiness -Whether "peril of the sea" has an absolute meaning.

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