Back to all cases

Interpart Comercio E Gestao SA and Longen SA -v- Lexington Insurance Co.

13th May 2004

[2004] 1 Lloyd’s Rep IR 690

Dominic Kendrick QC and Alexander MacDonald successfully resisted a reverse summary judgment application brought by the insurer. The case concerned (amongst other things) allegations of fraudulent claim under policy of marine insurance, and questions of causation of loss. The case concerned the significance of a back-dated surveyors certificate in marine insurance.

Insurance (marine cargo) – Utmost good faith – Certificate of inspection issued in respect of cargo – Insurers issued certificate of insurance – Allegation that certificate of inspection falsely dated in order to defraud bank and buyers – Whether certificate relied upon for confirmation of cover – Whether reliance on certificate for claim constituted fraudulent claim – Marine Insurance Act 1906, section 17.