TALBOT UNDERWRITING LTD v NAUSCH, HOGAN & MURRAY INC “THE JASCON 5”
[2006] Lloyd's Rep IR Plus 1
COURT OF APPEAL
Before Lord Justice Waller, Lord Justice Moore-Bick and Lord Justice Richards
Insurance (marine construction risks) – Brokers
instructed by owners to take out insurance covering repair of vessel with
repairers as co-assured – Slip policy not naming repairers – Whether repairers
parties to insurance under insuring clause or by reason of doctrine of
undisclosed principal – Whether trust of policy in favour of repairers –
Whether existence of undisclosed principal a material fact requiring disclosure
– Whether insurers induced – Whether duty of disclosure or breach of duty
waived – Whether assured and repairers suffering loss by reason of any breach
of duty by brokers – Whether loss proximately caused by delay or by insured
peril – Marine Insurance Act 1906, section 55(2)(b).