OCEAN STEAMSHIP COMPANY, LTD. v. LIVERPOOL & LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1947) 81 Ll.L.Rep. 1

HOUSE OF LORDS.

Before Lord Thankerton, Lord Wright, Lord Porter, Lord Uthwatt and Lord Normand.

Insurance-Marine or war insurance-Warlike operations-Damage to plaintiffs' ship by sea perils - Proximate cause - Plaintiffs insured by defendant association against "consequences of hostilities or warlike operations"-Ship loaded with war stores for carriage from Liverpool to Alexandria -Circuitous route via Cape of Good Hope -Urgency of operations necessitating carriage of heavy deck cargo (which was unusual on such voyage)-Very heavy weather experienced on voyage, resulting in deck cargo breaking adrift, tearing tarpaulins and smashing hatch covers- Entry of sea water into hold, causing ship to be down by head-Speed maintained in spite of change of trim-Damage to ship (1) in way of No. 2 hold, directly attributable to deck cargo coming adrift; (2) in way of forepeak; (3) in way of after well deck and poop-Whether total damage recoverable under policy as a consequence of warlike operations-Onus of proof-Meaning of "consequences."