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”)

[2000] 2 Lloyd's Rep. 357

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Aikens

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.