STRIVE SHIPPING CORPORATION AND ANOTHER v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (THE “GRECIA EXPRESS”) [2002] EWHC 203 (Comm)

[2002] 2 Lloyd's Rep. 88

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Colman

Insurance (Marine) - Non-disclosure - Alleged scuttling - Total loss of vessel - Mooring ropes of vessel cut and seaward drencher valve opened - Vessel took in water, capsized and sank - Insured claimed under policy - Insurers denied liability alleging scuttling of vessel - Insurers alleged non-disclosure of material facts going to the moral hazard or to the magnitude of the risk of sabotage - Whether loss of vessel caused by barratry - Whether insured had strong motives for disposing of vessel - Whether insurers affirmed contract of insurance - Whether insured averted or minimized loss - Marine Insurance Act, 1906, s. 78(4).