COLONIA VERSICHERUNG AG AND OTHERS V AMOCO OIL COMPANY

(1997) 6 Re LR 86

Court of Appeal

Before Lord Justice Hirst, Lord Justice Peter Gibson and Lord Justice Pill

Subrogation - Marine insurance (cargo) - Contamination of cargo of naphtha - Deed of assignment - Third party tortfeasor agreeing to pay insured cargo-owners claim in consideration of third party being granted unconditional release from claims by cargoowner as well as assignment of, inter alia, insureds rights under insurance policy - Claim by assignee against insurer refused - Whether third party intended to benefit insured to exclusion of insurer - Bearer certificate issued under floating policy - Certificate in wide terms - Whether third party had established that it was such a person as those who effected the policy had in contemplation.