Insurers Prevail In Landmark ­Nordic Plan CTL Judgment

Following a long legal battle before the Norwegian courts, the Court of Appeal has dismissed a claim by the owners of the vessel "Champion Express" for a constructive total loss ("CTL") under the Nordic Plan. Wikborg Rein acted for the insurers in what has been the first Norwegian judgment on CTL since the now 31 year old ND-1992-172 Berglift judgment.

In LA-2021-97236-4 Champion Express, which was handed down on 7 July 2022, the Court of Appeal reversed the District Court's judgment. The outcome of the appeal was largely due to the ­insurers' being able to obtain evidence previously concealed by the owners. Following the Supreme Court's rejection of the owners' further appeal on 17 November 2022, the decision is now legally binding.