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Cepheus Shipping Corporation –v- Guardian Royal Exchange Assurance Plc.

18th Oct 1994

[1995] 1 Lloyd’s Rep. 622

Adam Fenton – Insurance (Marine) – Loss of earnings insurance – Indemnity – Reefer vessel insured with defendants – Damage to generator discovered – Plaintiffs claimed under policy – Defendants alleged vessel anyway due for lay up and cover not applicable – Whether vessel waiting for appropriate employment – Whether plaintiffs had insurable interest.

Practice – Discovery – Marine insurance – Plaintiffs claimed for loss of earnings – Defendants alleged discovery given by plaintiffs on elective basis – Whether defendants entitled to dismissal of action for default in discovery – R.S.C., O. 24, r. 16.

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