PAPADIMITRIOU v. HENDERSON.

(1939) 64 Ll L Rep 345

KING'S BENCH DIVISION.

Before Lord Justice Goddard (sitting as an additional Judge).

War risks insurance-Capture of vessel and cargo-Time policy effected with defendant underwriter covering risks excluded by f.c. & s. clause, also "Hostilities, warlike operations, civil war . . ."-Incorporation of Institute Time Clauses (Hulls) and Institute Time Clauses (Freight)-Insurance of plaintiff's steamer in sums of £15,000 on hull and machinery and £3500 on freight and/or chartered freight and/or anticipated freight-Charter of vessel for voyage from Odessa to Marseilles for carriage of lorries and spare parts consigned to agents for Spanish Republican Government-Bills of lading signed by master with destination "Oran," destination having been changed by agreement between owner and charterers-Master without copy of charter-party-Warnings received of possible interference by insurgent warships off Cap Bon-Request made by charterers that vessel be diverted to Malta; later, that she should return to Piraeus-Master instructed by wireless-Acknowledgment by master, giving nautical position-Vessel captured by insurgent warship 160 miles east of Malta and taken to Palma (Majorca)-Vessel condemned by insurgents as prize-Cargo belonging to class of conditional contraband-Constructive total loss of vessel-Claim by owner under policy-Whether loss due to wilful misconduct of owner in continuing on such a voyage-Evidence of warning received by owner-Suggestion that vessel was not properly documented, having insufficient proof of her neutrality-Measure of recovery for freight under policy-"Anticipated freight" - Institute Time Clauses (Freight), Clause 5 - Marine Insurance Act, 1906, Sect. 67 (1).