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).