C.C.R. FISHING LTD. AND OTHERS v. TOMENSON INC. AND OTHERS (THE “LA POINTE”)

[1989] 2 Lloyd's Rep. 536

CANADACOURT OF APPEALBRITISH COLUMBIA

Before Mr. Justice Aikins, Mr. Justice Macdonald and Mr. Justice Hutcheon

Insurance (Marine) - Peril of the seas - Non-disclosure - Vessel insured under open cover - Vessel sank while in dock - Whether loss caused by perils of seas - Whether underwriters liable under policy - Whether underwriters could rely on defence of non-disclosure.