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Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others

13th Dec 1996

(Court of Appeal) [1997] 1 Lloyd’s Rep. 225; [1996] 1 Lloyd’s Rep. 430

Gavin Kealey QC leading David Edwards acted for Glencore against Timothy Saloman Q.C. and Charles Priday – insured in marine insurance trial and in the Court of Appeal against Lloyd’s underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters.

Insurance (Marine) – Charterers’ liability – Demurrage cover – Non-disclosure – Insured obtained demurrage endorsements for voyages from Kharg Island and Constanza – Whether such cover only applied to risks of delay in loading and unloading – Allegations of non-disclosure of loss experience, adverse port characteristics and irrecoverability from third parties – Whether disclosure obligation waived – Whether terms of charter not “Asba 2 or similar” – Whether underwriters entitled to avoid endorsements