Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

PANAMANIAN ORIENTAL STEAMSHIP CORPORATION v. WRIGHT (THE "ANITA")

[1971] 1 Lloyd's Rep. 487

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Fenton Atkinson and Sir Gordon Willmer

Marine insurance - Confiscation of vessel - Lloyd's policy - F.c. and s. clause deleted - Institute War and Strikes Clauses (Hulls-Time) incorporated - Vessel seized by Vietnamese authorities for carrying unmanifested goods - Confiscation of vessel ordered by Special Court - Whether loss by "restraint of people" and/or "barratry" - Validity of notice of abandonment - Whether vessel "constructive total loss" or "actual total loss" - Whether loss fell within exception clause - Marine Insurance Act, 1906, sects. 57 (1), 60 (2) (i) and 62 (2), schedule 1, rule 10 of Rules for Construction of Policy. Evidence - Exception - Burden of proof.

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