LLR: Insurance & Reinsurance

John Lockey KC and Professor Robert Merkin KC

Document

DORNOCH LTD AND OTHERS v WESTMINSTER INTERNATIONAL BV AND OTHERS (THE "WD FAIRWAY")

[2009] Lloyd's Rep. IR 573

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.

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