Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

POLPEN SHIPPING COMPANY, LTD. v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

(1942) 74 Ll.L.Rep. 157

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Marine insurance - Ship or vessel - Flying boat - Policy issued by defendants in respect of plaintiffs' motor vessel and covering ordinary marine perils - Collision with flying boat in Falmouth Harbour - Admitted liability of shipowners - Right to indemnity under R.D. clause in respect of collision "with any other ship or vessel" - Whether flying boat a "ship or vessel" - Merchant Shipping Act, 1894, Sect. 742 - Air Navigation Acts, 1920 and 1936.

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