PESQUERIAS Y SECADEROS DE BACALAO DE ESPANA, S.A. v. BEER.

(1945) 79 Ll.L.Rep. 417

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Marine insurance-Riots and civil commotions -"Any other malicious act"-Insurance of Spanish trawlers-Constructive total loss-"This insurance is only to cover loss or damage to the within insured interest caused by strikers, locked-out workmen or persons taking part in labour disturbances or riots or civil commotions or arising from incendiarism, use of explosive bombs or other engines of destruction or from any other malicious act whatsoever by any persons, including general average, salvage and salvage charges as a direct result of malicious damage not recoverable under the marine policies. Excluding war risk and excluding all other risks ordinarily covered under the vessels' marine policy"-Unrest in Spain at commencement of civil war- Plaintiffs' trawlers M., V., E. and H., stationed at Pasajes, seized in August and September, 1936, by armed men and taken to Bilbao, where the Basque Government was in control-Ships taken over by Basque Government and armed for defence against approaching Nationalist forces- V. sunk in engagement with Nationalist cruiser-H. scuttled just before Bilbao fell to Nationalist forces-Escape of M. and E. to French port, where they were interned - H. subsequently raised and returned to plaintiffs-M. and E. returned to plaintiffs in bad condition and with considerable loss of gear-Claim brought against defendant underwriter in respect of total loss of V. and gear and in respect of total loss of gear of M., E. and H. and serious damage to vessels - Right of recovery as for loss due to riots and civil commotions-Meaning of "riots and civil commotions" and of "any other malicious act" - Whether original seizures amounted to constructive total loss - Notice of abandonment given by plaintiffs in February, 1937-Notice unaccepted by defendant, but date of notice agreed as notional date of writ - Writ not issued until March, 1941-Right of assured to recover as for partial loss where recovery made after notice of abandonment has been given and refused and before issue of writ-Effect of notice of abandonment- Loss under policy followed by actual total loss in case of V. and partial loss in cases of M., E. and H. by excepted peril after expiration of policy - Whether original seizure was proximate cause of subsequent losses - Marine Insurance Act, 1906, Sects. 55, 56 (4), 60, 77 (2).