Marine insurance: pay to be paid clauses

In MS Amlin Marine NV v King Trader Ltd and Others [2025] EWCA Civ 1387, an appeal from the decision of Foxton J, [2024] Lloyd's Rep IR 703, the Court of Appeal confirmed that pay to be paid clauses are valid and enforceable, and cannot be attacked on the grounds that they are inconsistent with the insuring obligation or that they are onerous. The leading judgment was given by Sir Geoffrey Vos MR, with a few added comments by Males LJ. Singh LJ was content to agree with his brethren.

King Trader: the facts