Crewing warranties

Marine policies often contain provisions that require the vessel to be crewed at all times. In the case of a large vessel with a large crew, that type of clause is not particularly problematic. The position is rather different if the vessel is a small one and there are very few crew members. Pratt v Aigaion Insurance Company SA, The Resolute [2008] EWHC 489 (Admlty) illustrates that a crewing provision is, subject to common sense limits, to be construed as meaning what it says even though compliance with it by the assured might have been all but impossible.

Pratt: the facts

The claimant, JP, was the owner of the fishing trawler ‘Resolute’. She was 21 metres with a gross tonnage of 117 tonnes. The living accommodation consisted of a crew cabin 6 ft by 9 ft and a galley 6 ft by 6 ft. The vessel was insured by the defendant insurers under a twelve-month time policy running from 23 June 2006, with an insured value of £120,000. The policy contained a number of terms described as ‘CONDITIONS’, and among them was the following: