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Forestex Management Corp. et al. v. Underwriters at Lloyds et al., 2004 FC 1303

In Marine Insurance, Pleadings on (Updated )

“Many years ago when small boys wore suspenders and ships had gender…” So begins the Reasons for judgment of Prothonotary Hargrave in this application by the Defendants to strike out the Statement of Claim of the Plaintiff. The facts were that on 4 August 2000 the “Texada” went aground in a passage in the Queen Charlotte Islands and was subsequently …

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Continental Insurance Co. v. Almassa International Inc., 2003 CanLII 45611

In Experts and Expert Evidence, Marine Insurance on (Updated )

This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …

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Whiten v. Pilot Insurance Co., 2002 SCC 18

In Marine Insurance on (Updated )

Although not a marine insurance case, this decision by the Supreme Court of Canada is of significant interest to marine insurers. The facts were that the Plaintiff’s home was destroyed in a fire. The Defendant, the Plaintiff’s insurer, denied the claim made under the insurance policy on the grounds that the fire had been deliberately set even though the local …

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