O’KANE v. JONES (THE “MARTIN P”)

[2005] Lloyd's Rep IR 174

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Deputy High Court Judge Richard Siberry, QC

Insurance (marine) - Two policies on vessel’s hull and machinery - Second policy cancelled after vessel became constructive total loss - Whether underwriters under first policy entitled to contribution from second insurers - Existence of double insurance - Identity of assureds under two policies - Whether managers of vessel had insured on behalf of owners - Agency - Insurable interest - Measure of contribution - Whether second policy voidable for non-disclosure of non-payment of premiums under first policy - Materiality, inducement and affirmation - Whether second policy void for mutual mistake - Marine Insurance Act 1906, sections 18, 26, 32 and 80.