ASTROVLANIS COMPANIA NAVIERA S.A. v. LINARD (THE "GOLD SKY")

[1972] 2 Lloyd's Rep. 187

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Mocatta

Marine insurance - Total loss of vessel - Claim against underwriter for loss by perils of the sea-Allegation of hole in engine-room plating - Scuttling alleged by underwriter - Burden of proof - Whether offer of salvage refused - Whether underwriter entitled to counterclaim under Marine Insurance Act, 1906, sect. 78 (4). Marine insurance-Suing and labouring-Claim against underwriter for total loss of vessel - Salvage assistance refused by master and third engineer - Whether master and crew included within "assured and his agents" - Whether underwriter entitled to counterclaim - Marine Insurance Act, 1906, sects. 78 (4), 55 (2) (a), Institute Time Clauses (Hulls), clause 7.