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

(1945) 79 Ll L Rep 18

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Tucker.

Insurance (Marine or War)-Warlike operations - Stranding - Plaintiffs' tanker requisitioned by M.W.T.-Carriage of full cargo of oil from Trinidad to naval bases at Loch Alsh and Scapa Flow - Ship instructed to anchor at Loch Alsh to await orders to discharge-Ship holed by sitting on rock while swinging to her anchor- Right of plaintiffs to recover from defendant war risk insurers as damage occurring as a consequence of the warlike operation on which the ship was engaged-Essential elements of "warlike operation" - Whether movement through water a necessary ingredient.