The Court of Appeal in Delos Shipholding SA & Ors v Allianz Global Corporate and Speciality SE & Ors EWCA Civ 1019 dismissed war risk insurers’ appeal and upheld the claimants’ indemnity for constructive total loss. The decision addresses the duty of fair presentation under the Insurance Act 2015 (the Act) and is among the first to assess the requirements for a reasonable search of information held by the insured as part of the duty of fair presentation under the Act.
The claim arose from the “illegal” anchoring of the “WIN WIN” bulk carrier just inside Indonesian territorial waters off Singapore in February 2019. Anchoring in that area had previously been understood to be within Singaporean anchorage. There had been no known instances of vessels being detained or reprimanded by Indonesian authorities merely for anchoring within those waters. A sudden change occurred in February 2019 when the Indonesian government altered its policy. The Indonesian Navy then arrested a large number of ships for anchoring in its territorial waters to assert sovereignty over those waters. On 17 February 2019, armed Indonesian Navy personnel boarded and detained the “WIN WIN” for entering Indonesian waters illegally.
“The Court of Appeal considered the duty of fair presentation under the Insurance Act 2015 and emphasized the need for a reasonable search of information held by the insured.”
Key points from the ruling include the interpretation of what constitutes a comprehensive and reasonable disclosure by insured parties and how such disclosures interact with the insurers’ obligations under the Act. The case thus clarifies how searches for information relevant to a risk should be conducted and documented, influencing future risk disclosures by insureds in marine insurance contexts.
Author’s summary: The decision clarifies the insurer’s duty to fairly present risk under the Insurance Act 2015 and outlines what constitutes a reasonable information search by the insured, affecting future marine risk disclosures.
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