Nima SARL v The Deves Insurance Public Company Ltd; The Prestrioka: CA 30 Jul 2002

A marine insurance contract was entered into for goods to be transported between two ports. A side note provided that cover was to start from the time the goods left the warehouse. The Act provided that the insurance was void from the time such a cargo was diverted from the route agreed.
Held: The variation of the insurance contract endorsement related to a voyage rather than a time policy. Therefore, Act still applied, and the insurer was discharged at the moment the deviation occurred.

Judges:

Lords Justice Potter and Keene and Mr Justice Sumner

Citations:

Gazette 03-Oct-2002, Times 17-Oct-2002, [2002] EWCA Civ 1132, [2003] 2 Lloyd’s Rep 327

Links:

Bailii

Statutes:

Marine Insurance Act 1906 44

Jurisdiction:

England and Wales

Cited by:

CitedSawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Lists of cited by and citing cases may be incomplete.

Insurance, Transport

Updated: 06 June 2022; Ref: scu.175228