MANIFEST SHIPPING CO LTD V UNI-POLARIS SHIPPING COMPANY LTD AND ANOTHER

(1997) 6 Re LR 175

Court of Appeal

Before Lord Justice Leggatt, Lord Justice Henry and Lord Justice Waller

Marine insurance - Unseaworthiness - Utmost good faith - Fire on vessel resulting in constructive total loss - Allegation by underwriters of breach of duty of utmost good faith - Judgment for assured on partial loss basis - Whether duty of utmost good faith ended with institution of proceedings - Whether witness statements by assured were untrue - Vessel unseaworthy due to lack of competence of master to deal with fire - Whether assured was privy to aspects of unseaworthiness.