Suez Fortune v Talbot Underwriting
Whether vessel was a constructive total loss/ prudent
uninsured test in a marine context/ sue and labour
expenses
http://www.bailii.org/ew/cases/EWHC/Comm/2015/42.html
The vessel in this case was insured against war risks by a
policy issued by the defendant insurers. The vessel was sailing
from Ukraine to China, and made arrangements for a security team to
embark at Aden. Whilst waiting off Aden, a group of pirates boarded
the vessel. They eventually set off an explosive in the engine
room, causing a fire which rendered the vessel a dead ship without
power. The crew was rescued, the cargo transferred to another
vessel and the owners tendered notice of abandonment
("NOA"), declaring the vessel a constructive total loss
("CTL"). The insurers rejected the NOA. Proceedings in
England were commenced by the owners in February 2012 and the
vessel was sold a month later for scrap. A number of issues arise
in the case and a split trial
