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“Demetra K” Kiriacoulis Lines Sa -v- Compagnie D’assurances Maritime Ariennes Et Terrestres (Camat)

16th Jul 2002

[2002] Lloyd’s Rep IR 795, [2002] 2 Lloyd’s Rep. 581

Stephen Hofmeyr QC and Gavin Geary – Insurance (marine) – Hull and Machinery policy – Cover for fire – Underwriters refusing to insure losses caused by war risks and malicious acts – Whether loss by fire included a fire deliberately caused by a third party – Whether the risk “Fire” modified by agreement – Whether policy should be rectified to contain specific exclusion for malicious acts – Estoppel – Effect of loss caused concurrently by insured peril and excluded peril.