Marine insurance: damage to cargo

The decision of Siopis J in the Federal Court of Australia in Alstom Ltd v Liberty Mutual Insurance Co (No 2) [2013] FCA 116, is of much interest. It is one of a relatively small number of marine insurance decisions of the Australian courts, and turns upon the meaning of the Institute Cargo Clauses A as well as the indemnity provisions of the Marine Insurance Act 1906 (or rather, the all but identically worded provisions of the Australian measure passed in 1909).

Alstom : the facts