K/S MERC-SCANDIA XXXXII v. CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO LLOYD'S POLICY NO 25T 105487 AND OCEAN MARINE INSURANCE CO. LTD. AND OTHERS (THE "MERCANDIAN CONTINENT") [2001] EWCA Civ 1275

[2001] 2 Lloyd's Rep. 563

COURT OF APPEAL

Before Lord Justice Robert Walker, Lord Justice Longmore and Mr. Justice Carnwath

Insurance (Marine) - Indemnity - Duty of utmost good faith - Breach of contract term - Ship-repairers insured in respect of negligent repairs to vessel - Claim by shipowner - Assured produced forged document - Forgery discovered - Insurers avoided liability for breach of utmost good faith - Whether entitled to do so - Assured failed to tell insurers document was forged - Whether breach of term - Whether defence to claim on policy.