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“Martin P” O’Kane v Jones

19th Jul 2003

[2004] 1 Lloyd’s Rep 389

Gavin Geary, Charles Holroyd and Peter MacDonald Eggers acted in this marine insurance matter; double insurance; insurable interest; contribution; non-disclosure; mistake.

Insurance (Marine) – Two policies on vessel’s hull and machinery – Second policy cancelled after vessel became constructive total loss – Whether underwriters under first policy entitled to contribution from second insurers – Existence of double insurance – Identity of assureds under two policies – Whether managers of vessel had insured on behalf of owners – Agency – Insurable interest – Measure of contribution – Whether second policy voidable for non-disclosure of non-payment of premiums under first policy – Materiality, inducement and affirmation – Whether second policy void for mutual mistake

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