MANIFEST SHIPPING CO LTD v UNI-POLARIS SHIPPING CO LTD AND ORS THE STAR SEA [2001] UKHL/1

[2001] Lloyd's Rep IR 247

HOUSE OF LORDS

Before Lord Steyn, Lord Hoffmann, Lord Clyde, Lord Hobhouse of Woodborough and Lord Scott of Foscote

Insurance (marine) - Fire in vessel’s engine room - Vessel becoming constructive total loss - Insured under time policy - Seaworthiness - Whether vessel sent to sea in unseaworthy state with privity of the assured - Marine Insurance Act 1906, section 39(5) - Claim made by assured - Whether duty of utmost good faith attaching to claim - Relationship between utmost good faith and fraudulent claim - Marine Insurance Act 1906, section 17.