The Law Reports (Appeal Cases)
[1942] AC 50
[HOUSE OF LORDS.]
RICKARDS APPELLANT; AND FORESTAL LAND, TIMBER AND RAILWAYS COMPANY, LIMITED RESPONDENTS.
ROBERTSON APPELLANT; AND MIDDOWS, LIMITED RESPONDENTS.
KAHN APPELLANT; AND W. H. HOWARD BROTHERS AND COMPANY, LIMITED RESPONDENTS.
1941 May 1,
2,
5,
8;
July 30.
July 30.
VISCOUNT SIMON L.C., VISCOUNT MAUGHAM, LORD THANKERTON, LORD WRIGHT and LORD PORTER.
Insurance (Marine)
— War risks
— Policy “warranted free of any claim based upon loss of, or frustration of, the insured voyage or adventure caused by …. restraints …. of …. princes”
— British 51cargo in German ships
— Outbreak of war
— Deviation to neutral port by order of German government
— Subsequent departure for Germany
— Ship scuttled with cargo
— Arrival of ship and cargo in Germany
— Constructive total loss
— Liability of underwriters
—
Marine Insurance Act, 1906 (6 Edw. 7, c. 41), s. 45; s. 49, sub-s. 1 (a), (b), (d); s. 60, sub-s. 2 (i.) (a); Sch. I., r. 10.