IRVIN v. HINE.

(1949) 83 Ll.L.Rep. 162

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Marine insurance-Constructive total loss - Partial loss - Valued policy - Stranding damage-Licence to repair unobtainable within reasonable time - Cost of repair - Reasonable depreciation-Measure of recovery - Plaintiff's steam trawler laid up in Tyne - Temporary repairs effected so that she could proceed to Peterhead for permanent repairs-Ship insured on voyage by defendant underwriters- Agreed value: £9000-Stranding on voyage on Jan. 20, 1942, ship being seriously damaged - Abandonment to underwriters on Feb. 9, 1942, not accepted, but plaintiff put in same position as if he had then issued writ- Ship refloated by Admiralty tugs four months later and beached - Salvage claim brought by Admiralty in Court of Session-Action undefended-Award of £500 on salvors' pleaded value of £1500 - Ship subsequently sold by auction for £685-Claim by plaintiff under policy alleging constructive total loss on ground that it was at all material times unlikely that assured would be able to obtain a licence to repair within reasonable time-Proof- Plea admittedly not within definition of constructive total loss contained in Sect. 60 of Marine Insurance Act, 1906 -Further claims that there was constructive total loss in that ship was reasonably abandoned on account of her actual total loss appearing unavoidable; and in that the cost of repairs would have exceeded her repaired (in this case, her insured) value - Alternative claim made for partial loss -Alleged duty upon assured (under Sect. 78 (4)) to cause survey of damage to be made-Evidence as to stranding damage and as to probable cost of repair-Ascertainment of reasonable depreciation arising from unrepaired damage-Comparison between damaged value (accepted by parties to be £685) and undamaged value-Whether, as defendants contended, reasonable depreciation (1) was the difference Irvin v. Hine. K.B. 163 between her damaged value (£685) and her alleged true undamaged value (£2000), i.e., £2000 less £685=£1315; or (2) was the proportion of her insured value based on the depreciation in her alleged true value, i.e., 1315/2000 X £9000; or, as plaintiff contended, was the difference between her damaged value and her insured value, i.e., £9000 less £685 - Amount recoverable for salvage charges-Interest-Costs-All Risks Trawler Clauses, Clause 15 - Marine Insurance Act, 1906, Sects. 27 (4), 56 (1), 60, 65, 69 (3), 78 (4), 91.