Marine insurance: loss of hire: non-disclosure and want of due diligence

In Sealion Shipping Ltd and Another v Valiant Insurance Co [2012] EWHC 50 (Comm), Blair J determined issues of: (i) the materiality of non-disclosures; (ii) the meaning of “want of due diligence” in the context of a policy of marine insurance; and (iii) the application of an excess clause to a period of delay, giving judgment for the claimants.

The Court of Appeal has recently dismissed the insurers’ appeal from part of the judgment ([2012] EWCA Civ 1625). The decision both at first instance and in the Court of Appeal is considered by Justin Fenwick QC and Lucy Colter of 4 New Square.