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Insurance – Marine insurance. The owners of a vessel claimed against the defendant war risks insurers for the constructive total loss of the vessel by reason of her detention for longer than the six month in Venezuela. That detention was consequent upon the discovery of drugs affixed on the hull of the vessel by unknown persons, without the knowledge of the owners. The Commercial Court granted the owners' claim for a constructive total loss on the basis that there was cover under the policy for the malicious acts of the third parties who strapped the drugs to the hull of the vessel and the exclusion for infringement of customs regulations, claimed by the insurers, did not apply to exclude cover in the circumstances of the case.
Insurance – Marine insurance. The owners of a vessel claimed against the defendant war risks insurers for the constructive total loss of the vessel by reason of her detention for longer than the six month in Venezuela. That detention was consequent upon the discovery of drugs affixed on the hull of the vessel by unknown persons, without the knowledge of the owners. The Commercial Court granted the owners' claim for a constructive total loss on the basis that there was cover under the policy for the malicious acts of the third parties who strapped the drugs to the hull of the vessel and the exclusion for infringement of customs regulations, claimed by the insurers, did not apply to exclude cover in the circumstances of the case.
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