STATE OF THE NETHERLANDS (REPRESENTED BY THE MINISTER OF DEFENCE) v. YOUELL AND HAYWARD AND OTHERS

[1998] 1 Lloyd's Rep. 236

COURT OF APPEAL

Before Lord Justice Butler Sloss, Lord Justice Phillips and Lord Justice Buxton

Insurance (Marine) - Sue and labour - Joint or composite policies - Wilful misconduct - Contract for building of two submarines for Dutch navy - Submarines suffered debonding and cracking in paintwork - Whether navy and yard joint assured - Whether plaintiffs guilty of wilful misconduct - Whether conduct of yard relevant - Whether underwriters entitled to deny liability - Whether plaintiffs failed to take steps to minimize damages - Marine Insurance Act, 1906, ss. 55(2)(a) and 78(4).