CONTINENTAL ILLINOIS NATIONAL BANK & TRUST CO. OF CHICAGO AND XENOFON MARITIME S.A. v. ALLIANCE ASSURANCE CO. LTD. (THE “CAPTAIN PANAGOS D.P.”)

[1989] 1 Lloyd's Rep. 33

COURT OF APPEAL

Before Lord Justice O’Connor, Lord Justice Neill and Sir Roger Ormrod

Insurance (Marine) - Constructive total loss - Vessel grounded on eastern shore of Red Sea - Vessel suffered damage from major fire - Plaintiffs claimed under policy - Defendants alleged that loss procurred or connived at by owners - Whether loss caused by wilful misconduct of owners - Whether defendants liable under policy - Whether further evidence should be admitted - Whether leave to amend should be granted.