Argo Systems FZE v Liberty Insurance and Anor [2011] EWHC 301 (Comm)

Breach of warranty – Waiver by estoppel – Affirmation of contract – Misrepresentation – Damages

The facts

In March 2003 the floating casino Copa Casino, owned by Argo (claimant) and insured by Liberty (defendant), became a total loss while being towed from the US Gulf to India. Argo claimed against Liberty, but the claim was declined in July 2003. Litigation started in May 2004 in the Alabama court in the United States, where the court decided that it had no jurisdiction over the case against Liberty and dismissed the claim against the insurance brokers, DSI, on the merits. In February 2009 proceedings started in England.