Chapman -v- Kadirga

Gavin Geary

[1998] Lloyd’s IR 377

Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] at inception of risk, or as agreed” – Payment of premium clause – Instalment payments – Successive instalments due and payable on dates which occurred at three monthly intervals during term of policy – Whether premium, which comprised aggregate of instalments, was itself divisible between successive three month periods.

Date added: March 5th, 1998


Area of Expertise

Insurance & Reinsurance