This blog post is by James Beeton of 12 King’s Bench Walk.
In this short but interesting judgment, Knowles J considered the liability of insurance underwriters in the context of sums paid out by a cruise company following a sickness outbreak on a cruise ship. His judgment emphasises the centrality in disputes of this nature of the contractual relationship between the various parties and the wording of the relevant policy.
This case involved an outbreak of norovirus on a cruise ship in July 2009, which was significant enough that the voyage had to be cut short. The head charterers of the vessel held a policy of insurance underwritten by the Defendant. The Claimant cruise company was named as a co-insured under that policy. The affected passengers were told that they would receive payments from their various tour operators to cover the amount they had paid for the cruise along with other sums. The Claimant agreed to meet those costs and then sought an indemnity against the liabilities it claimed to have incurred as the ‘contracting carrier’ under the Athens Convention 1974. Continue reading Cruise and Maritime Services International Limited v Navigators Underwriting Agency Limited  EWHC 843 (Comm) – Athens Convention, Insurance