MARITIME LAW |
Insurance |
Laing v. Boreal Pacific
A-166-99
Desjardins J.A.
13/10/00
5 pp.
Appeal from Trial Division decision ((1999), 163 F.T.R. 226) dismissing appellant's claim under marine insurance policy for loss of excavator following accident at sea--Respondent refused to pay any part of appellant's loss on ground appellant's vessel not seaworthy for voyage undertaken and appellant privy to unseaworthiness--Trial Judge found appellant had knowledge not only of facts making vessel unseaworthy but also "blind eye" knowledge those facts rendered vessel unseaworthy--Appeal dismissed--Trial Judge correctly applied test of privity as developed in English Court of Appeal cases Compania Maritima San Basilo S.A. v. The Oceanus Mutual Underwriting Association (Bermuda) Ltd., [1976] 2 Lloyd's Rep. 171 and Manifest Shipping & Co. Ltd. v. Uni-Polaris Insurance Co. Ltd. and La Réunion Européenne, [1997] 1 Lloyd's Rep. 360--Evidence to support Trial Judge's conclusion.