Nomikos (Petros M) Ltd v Robertson

Subject Matter

INSURANCE — Insurance (marine) — Insurance on hull — Insurance on freight — “In the event of constructive total loss of steamer” — Incorporation of Institute Time Clauses, Freight — Vessel damaged by fire — Cost of repairs more than insured value — Vessel when repaired worth more than cost of repairs — Charterparty not performed — Freight not received — No abandonment to hull underwriters — Claim against hull underwriters for partial loss — Claim against freight underwriters for constructive total loss — Whether maintainable — Marine Insurance Act, 1906 (6 Edw. 7, c. 41), s. 60, sub-ss. 1, 2; s. 61.

[1938] 2 KB 603; [1938] 3 All ER 249, CA

INSURANCE — Insurance (marine) — Insurance on hull — Insurance on freight — “In the event of constructive total loss of steamer” — Incorporation of Institute Time Clauses, Freight — Vessel damaged by fire — Cost of repairs more than insured value — Vessel when repaired worth more than cost of repairs — Charterparty not performed — Freight not received — No abandonment to hull underwriters — Claim against hull underwriters for partial loss and against freight underwriters for constructive total loss — Marine Insurance Act, 1906 (6 Edw. 7, c. 41), ss. 60, 61.

[1939] AC 371; [1939] 2 All ER 723, HL