Tag: marine insurance

“The DC Merwestone” in the Court of Appeal

On 16 October 2-14, the Court of Appeal in the United Kingdom has handed down its judgment in Versloot Dredging BV; SO DC Merwestone BV v HDI Gerling Industrie Versicherung AG and the others (The “DC Merwestone”) [2014] EWCA Civ. 1349. The full text of the judgment can be accessed here. In summary, the Court […]

Hong Kong Court of Appeal’s ruling on ‘deadweight’ warranty and duty of disclosure

Introduction In Hua Tyan Development Limited v Zurich Insurance Company Limited [2012] HKCU 1632 the Court of First Instance decided in favour of the insured in respect of the duty of disclosure under an insurance policy. More than a year later, the Court of Appeal handed down a judgment [2013] HKCU 1858 that overturned the […]

“Perils of the Sea” and “Fraudulent Devices” – The DC Merwestone” [2013] EWHC 1666 (Comm)

The recent decision of Mr Justice Popplewell in Versloot Dredging BV v. HDI Gerling and others (The DC Merwestone) [2013] EWHC 1666 (Comm)) in the Commercial Court is of considerable significance to marine insurers and non-marine insurers alike, since it involves a detailed examination and hostile critique of the development and application of the concept […]