WebOct 23, 2013 · The recent decision of the English Commercial Court in Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone) has attracted considerable attention for its analysis of the law (unsatisfactory, in the Court’s view) on an underwriter’s “fraudulent device” defence, being the basis on which the claim in that case failed. WebThe vessel DC MERWESTONE was incapacitated by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) …

Category: DC-Merwestone (ship, 1974) - Wikimedia

WebJul 20, 2016 · That dishonest or reckless statement is what the law refers to as a “fraudulent device” but which has been recast as a “collateral lie” following the recent decision by the Supreme Court in the DC Merwestone (Versloot Dregding BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45). In that case the vessel’s ... In theDC Merwestonecase, where a fraudulent device was employed by the insured, two courts decided that the insurers were entitled to regard the insurers claim as forfeited. But the Supreme Court reversed that decision holding that a claim which is supported by a fraudulent narrative will not be subject to the … See more Notwithstanding a fairly muddled line of judicial precedent, the English common law provided for the forfeiture of a claim tainted with any fraud. … See more The South African common law position is quite different from that of English law . Our civil law is not punitive in nature therefore an unfounded or totally fraudulent claim, where the loss never occurred or is self … See more The Insurance Act 2015 has confirmed and therefore replaced the common law, to a degree. It holds that where there is a fraudulent claim by an … See more The insurers can avoid liability through the appropriate drafting of a suitable fraud clause in their policies. Properly worded, the clause should allow insurers to reject outright fraudulent claims and those claims tainted by … See more crab brush

VERSLOOT DREDGING BV AND ANOTHER v HDI GERLING …

WebVERSLOOT DREDGING BV AND ANOTHER v HDI GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE “DC MERWESTONE”) [2016] 2 Lloyd's Rep. 198 SUPREME COURT … WebTHE MARINE INSURANCE ACT 1906 Marine Insurance 1. Marine insurance defined 2. Mixed sea and land risks 3. Marine adventure and maritime perils defined Insurable Interest 4. Avoidance of wagering or gaming contracts 5. Insurable interest defined 6. When interest must attach 7. Defeasible or contingent interest 8. Partial interest 9. Reinsurance 10. WebThe “DC Merwestone” (“Vessel”) suffered water ingress into its engine room while en route to Bilbao. Its main engine was damaged beyond repair. An insurance claim was presented. The Vessel’s managers told the insurers that the bilge alarm had sounded the afternoon before the incident, but the crew had failed to respond. This was a lie. crabbs branch giant