Lloyd's Maritime Law Newsletter
Stephen v. Scottish Boatowners’ Mutual Insurance Association (The Talisman) - House of Lords (Lord Keith, Lord Roskill, Lord Brandon, Lord Griffiths and Lord Goff) - 2 March 1989
Marine insurance - Whether skipper used “all reasonable endeavours” to save vessel
The
Talisman
, a 75 foot motor fishing vessel, sank at 2.45 am on 31 May 1980 in calm seas 50 miles west of the Shetland Islands. The vessel’s
insurers refused to pay the owner/skipper’s claim on the ground that he had failed to use “all reasonable endeavours” to save
the boat. Rule 13 of the insurers’ rules provided: