PORTVALE STEAMSHIP CO., LTD. v. ROYAL EXCHANGE ASSURANCE CORPORATION.
(1932) 43 Ll L Rep 161
KING'S BENCH DIVISION.
Before Mr. Justice MacKinnon.
Insurance (marine)-Voyage-Time policy -Various items of damage sustained by vessel on voyage from Pernambuco to Antwerp-Vessel laid up at Antwerp for 412 months after discharge-Further damage sustained during that period- Whether arising on same voyage-Institute Time Clauses-"(16) A voyage shall be deemed to commence at one of the following periods to be selected by the assured when making up the claim, viz., at any time at which the vessel (1) begins to load cargo or (2) sails in ballast to a loading port. Such voyage shall be deemed to continue during the ensuing period until either she has made one outward and one homeward passage (including an intermediate ballast passage if made) or has carried and discharged two cargoes whichever may first happen, and further, in either case, until she begins to load a subsequent cargo or sails in ballast for a loading port"-Construction- Held, that the damage sustained while lying up occurred during the voyage which commenced at Pernambuco.