THE BANK OF NOVA SCOTIA v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD. (THE “GOOD LUCK”)

[1989] 2 Lloyd's Rep. 238

COURT OF APPEAL

Before Lord Justice May, Lord Justice Ralph Gibson and Lord Justice Bingham

Insurance (Marine) - War risks - Owners traded vessel to Gulf - Bank mortgagees unaware vessel uninsured - Vessel struck by missile - Letter of undertaking - Whether club in breach of duty of utmost good faith in failing to disclose what they knew to the bank - Duty to speak.