DELOS SHIPHOLDING SA AND OTHERS V ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE AND OTHERS

[2024] EWHC 719 (Comm), King's Bench Division, Commercial Court, Mrs Justice Dias, 25 March 2024

Marine Insurance – War and allied risks – Detention – Constructive total loss – Whether loss fortuitous – Effect of exclusion for customs or quarantine regulations and similar arrests – Suing and labouring – Non-disclosure – Knowledge and materiality – Late payment of claims – Marine Insurance Act 1906, section 55 – Insurance Act 2015, sections 4 and 13A

The claimants were the owners and operators of the vessel Win Win. She was detained on 17 February 2019 by the Indonesian authorities after dropping anchor at a location partly inside and partly outside Indonesian territorial waters.