Marine insurance: constructive total loss and breach of warranty

In PT Adidaya Energy Mandiri v MS First Capital Insurance Ltd [2022] SGHC(I) 14 Sir Jeremy Cooke, sitting as judge of the Singapore International Commercial Court, considered a range of issues arising out of a claim under a marine policy. Although the applicable law was that of Singapore, the contract incorporated the provisions of the UK Marine Insurance Act 1906 as amended by the Insurance Act 2015. The issues determined by the court were largely factual, although the case is of some interest in being the first decision to reference sections 10 and 11 of the Insurance Act 2015 (albeit not in detail and indeed the relevant provisions of section 11 were cited but not actually identified).

The insurance