FRANS MAAS (U.K.) LTD. v. SUN ALLIANCE AND LONDON INSURANCE PLC [2003] EWHC 1803 (Comm)

[2004] 1 Lloyd's Rep. 484

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice David Steel

Insurance (liability) - Insured carried on warehousing activity - Goods released without production of bills of lading in order to assist customer repay debt to insured - Goods misappropriated - Insurance policy confined to liability under contract conditions - Whether policy covered liability to third parties - Whether insured in breach of reasonable care obligations - Whether failure to disclose to insurers that good were being released without bills of lading - Utmost good faith - Waiver and affirmation.