MARINE INSURANCE - SEAWORTHINESS SURVEYS

(Zeus Tradition Marine Ltd v Bell, The Zeus V [1999] 1 Lloyd’s Rep 703; Kirkaldy & Sons Ltd v Walker (forthcoming in [1999] Lloyd’s Rep IR))

It is standard marine insurance practice for underwriters to insist upon some form of survey in respect of a vessel which they have been asked to insure. There is very little authority on exactly what constitutes an appropriate survey, although the point has been considered in two recent first instance decisions, albeit in very different contexts: Zeus Tradition Marine Ltd v Bell, The Zeus V [1999] I Lloyd’s Rep 703 and Kirkaldy & Sons Ltd v Walker (forthcoming in [1999] Lloyd’s Rep JR). In Kirkaldy Mr Justice Longmore followed the approach adopted by Mr Justice Colman in The Zeus