H.M. The Queen in the right of Canada as represented by the Department of Fisheries and Oceans Fishing Vessel Insurance Plan (Appellants) v. Les Tulloch (Respondent) - Federal Ct. of Appeal (Stone, Mahoney & MacGuigan J.A.) - 6 February 1989

Marine insurance - Policy “warranted free” from any claim where anyone other than the assured or other approved person was Master of the vessel - Whether person in charge of vesel at time of loss was “Master” of vessel

The fishing vessel Wavie II was owned by the respondent and was insured by the appellants under a Hull and Machinery Time Policy. She was lost on 12 June 1987 as a result of an insured peril but the appellants refused to pay out under the policy on the ground that the respondent had not complied with an express warranty in clause 12 of the policy which read: