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Lloyd's Maritime Law Newsletter

Firma C-Trade S.A. v. Newcastle Protection & Indemnity Association (The Fanti) and (The Padre Island (No. 2)) - House of Lords (Lord Keith, Lord Brandon, Lord Ackner, Lord Goff and Lord Jauncey) - 14 June 1990

Whether “pay to be paid” provisions in P. & I. Club rules prevent third parties claiming directly against insurers under 1930 Act

The rules of the two P. & I. Clubs involved in these appeals provided that their members should be indemnified in respect of all losses or claims which they “shall have become liable to pay and shall in fact have paid” in respect inter alia of cargo claims (the “pay to be paid” provisions).

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