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Litigation Letter

Perils of the sea or inherent vice?

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhard [2009] EWCA Civ 1398; TLR 2 March

This was an appeal against the decision of the Commercial Court that loss of the claimants’ oil rig when transported by barge around the Cape of Good Hope and insured under an all-risks policy was not covered by the policy. The judge ruled that the loss was not due to perils of the sea but inherent vice and was excluded from the policy.

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