Marine insurance - Seizure of insured property

Marine policies written in the London market make specific provision for seizure of the insured subject matter by the authorities of foreign governments. That risk is generally excluded from marine risks cover, but may be brought back under war risks cover. There are, however, exceptions to the protection provided by war risks insurance, which in general terms relate to seizure for infringement of local laws. Accordingly, the meaning of the seizure clause will determine whether the assured’s claim is against his marine insurers or, if he has any, against his war risks insurers, or whether both insurers are exempted from liability. There are very few modern cases on the meaning of the relevant clauses but, emulating London Buses, three have come along at once: Svenska Handelsbanken AB v Dandridge [2002] EWCA Civ 577; Sunport Shipping Ltd v Atkin, The Kleovoulos of Rhodes [2002] EWHC 235 (Comm) and Bayview Motors Ltd v Mitsui Fire and Marine Insurance Co Ltd [2002] EWHC 21 (Comm). The issues in each case were slightly different, but together they throw a good deal of light on the meaning of standard London market wordings. Each of these cases will be reported in [2002] Lloyd’s Rep IR.