Subrogation: risk allocation

Sir Nigel Teare in Herculito Maritime Ltd v Gunvor International BV [2020] EWHC 3318 (Comm) had to decide a number of points arising out of the insurance arrangements in a charterparty. The main questions were: had the shipowners agreed to grant immunity to the charterers for general average contributions by accepting an obligation to insure against piracy risks with the charterers paying the premiums; and if there was such immunity, did it extend to the holders of the bills of lading.

Herculito : the facts