Zim Israel Navigation Ltd v The Israeli Phoenix Assurance Company Ltd (The ‘Zim-Marseilles’) - Supreme Court (Matza, Tirkel and Goldberg JJ) - 25 February 1998

Carriage of goods by sea - Container cargo lost during Atlantic storm - Whether carrier entitled to rely on ‘perils of the sea’ defence - Causation of loss - Nature and value of cargo lost

During the course of a voyage in the Atlantic Ocean in February 1986 the vessel Zim-Marseilles was caught in a storm as a result of which the side of one of the containers was ripped, and the cargo washed overboard. The plaintiff insurance company paid the cargo owners in respect of their loss and brought a subrogated claim against the shipowners.