CRUISE AND MARITIME SERVICES INTERNATIONAL LTD V NAVIGATORS UNDERWRITING AGENCY LTD (THE "MARCO POLO")

[2017] EWHC 843 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Knowles, 12 April 2017

Insurance (liability) - Co-insurance - Outbreak of norovirus on vessel - Whether claimant liable to passengers - Whether payments made by claimant falling within liability insurance - Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974

There was an outbreak of norovirus on the cruise ship Marco Polo on a voyage from Tilbury. The voyage had to be curtailed and passengers were adversely affected. The vessel had been chartered by owners to MPCL, and MPCL had sub-chartered to TTT, a cruise and tour company. TTT had entered into a General Sales Agency Agreement with CMS. Claims were made by the passengers against CMS, alleging that CMS was a "contracting carrier" under the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, implemented in the UK by the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987. MPCL was insured under a liability policy, and CMS was named as co-assured. In the present proceedings CMS sought indemnity for passenger claims from the insurers.