OCEAN STEAMSHIP COMPANY LTD. v. LIVERPOOL & LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1945) 79 Ll.L.Rep. 467

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Bucknill.

Insurance-Marine or war insurance-Warlike operations-Damage to plaintiffs' ship by sea perils - Proximate cause - Plaintiffs insured by defendant association against "consequences of hostilities or warlike operations"-Ship loaded with war stores for carriage from Liverpool to Alexandria -Circuitous route via Cape of Good Hope -Urgency of operations necessitating carriage of heavy deck cargo (which was unusual on such voyage) - Very heavy weather experienced on voyage, resulting in deck cargo breaking adrift, tearing tarpaulins and smashing hatch covers- Entry of sea water into hold, causing ship to be down by head-Speed maintained in spite of change of trim-Damage to ship -Whether recoverable under policy as a consequence of warlike operations-Cause of loss.