CLAN LINE STEAMERS, LTD. v. LIVERPOOL AND LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1942) 73 Ll.L.Rep. 165

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Insurance (Marine or War) - Collision - "Hostilities or warlike operations"- Collision in fog between plaintiffs' steamship Clan Stuart and steamship Orlock Head in English Channel-Clan Stuart sunk-Vessels equally to blame-Orlock Head, on voyage from England to Rouen and Dunkirk, carrying steel rounds intended for French Ministry of Munitions -Claim brought by owners of the Clan Stuart against defendants (war risk underwriters), alleging that the Orlock Head was engaged on a warlike operation and that therefore the collision arose as a consequence of that warlike operation- Meaning of "warlike operation"- Evidence that Rouen and Dunkirk were being used mainly for ordinary commercial purposes, but to a limited extent for military purposes.