COAST FERRIES LTD. v. CENTURY INSURANCE CO. OF CANADA AND OTHERS (THE "BRENTWOOD")

[1973] 2 Lloyd's Rep. 232

CANADACOURT OF APPEALBRITISH COLUMBIA

Before Mr. Justice Nemetz, Mr. Justice Taggart and Mr. Justice Davey

Canada - Marine insurance - Time policy - Perils insured against - Loss by master's negligence covered by policy - No liability if loss caused by owners' "want of due diligence" - Vessel overloaded by master - Partial loss - Insufficient instructions about minimum freeboard given by owners - Whether loss fell within exception - Marine Insurance Act (R.S.B.C., 1960, cap. 231), sect. 41 (5).