THE “WD FAIRWAY”

[2009] 2 Lloyd's Rep. 191

QUEEN’S BENCH DIVISION (ADMIRALTY COURT)

Before Mr Justice Tomlinson

Insurance (marine) — Vessel becoming constructive total loss — Insurers not accepting notice of abandonment but making payment for constructive total loss — Vessel sold by assured to third party before all of insurers had decided to take over the vessel — Effect of sale — Rights of insurers — Applicable law — Marine Insurance Act 1906, sections 62, 63 and 79.