WILLIS STEAMSHIP COMPANY, LTD. v. UNITED KINGDOM MUTUAL WAR RISKS ASSOCIATION, LTD.
(1946) 80 Ll.L.Rep. 398
KING'S BENCH DIVISION.
Before Mr. Justice Lewis.
Insurance - Marine or war - Warlike operations - Damage to bearings of tailshaft - Plaintiffs' ship Harborough insured by defendants under policy covering war risks, which included the consequences of hostilities or warlike operations - Ship carrying army stores from Barry to Middle East via Cape of Good Hope - Arrival at Durban on outward voyage with damage in vicinity of tailshaft - Misalignment of shaft - Rivets renewed - Further repairs effected upon drydocking at Durban on homeward voyage - Dispute as to cause of damage - Lignum vitoe lining excessively worn down - Contention by plaintiffs that abnormal rate of wear-down was due to the maintenance of high speed during heavy weather, causing excessive vibration in and consequent misalignment of propeller shaft - Contention by defendants that misalignment of the propeller shaft, causing damage, was due to faulty lignum vitoe lining - Consideration of survey reports - Discrepancies between plaintiffs' evidence and contemporary correspondence.