13th Dec 1996
(Court of Appeal)  1 Lloyd’s Rep. 225;  1 Lloyd’s Rep. 430
Gavin Kealey Q.C. 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