Marine insurance

Successive losses

In Kastor Navigation Co Ltd v Axa Global Risks (UK) Ltd, The Kastor Too [2002] EWHC 2601 (Comm), Tomlinson J has answered important questions concerning the right of the assured to rely upon an insured constructive total loss of his vessel where this is followed almost immediately by an actual total loss caused by an uninsured peril. Tomlinson J, in holding that the assured may rely upon the earlier constructive total loss, has clarified the manner in which the formalities required by the Marine Insurance Act 1906 operate in this type of case.