TALBOT UNDERWRITING LTD v NAUSCH HOGAN & MURRAY THE “JASCON 5”

[2006] Lloyd's Rep Plus 61

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Cooke

Insurance (marine construction risks) – Brokers instructed by owners to take out insurance covering repair of vessel with repairers as co-assured – Slip policy not naming repairers – Whether repairers parties to insurance under insuring clause or by reason of doctrine of undisclosed principal – Whether trust of policy in favour of repairers – Whether existence of undisclosed principal a material fact requiring disclosure – Whether insurers induced – Whether duty of disclosure or breach of duty waived – Whether assured and repairers suffering loss by reason of any breach of duty by brokers – Whether loss proximately caused by delay or by insured peril – Marine Insurance Act 1906, section 55(2)(b).