Malice in Marine Insurance Law

Ming-Yu Bob Kao

Abstract


This case note examines Lord Mance's United Kingdom Supreme Court judgment in Navigators Insurance Company Limited and others v Atlasnavios-Navegacao LDA released in May 2018 regarding whether drug smuggling on a vessel by a third party constitutes malice. It discusses the case history and Lord Mance's holding that it did not meet the definition of malice and his reasoning. It then raises two implications raised by the judgment. First, the decision may have disrupted the usage that had been understood in the marine insurance industry. Second, parties must be cognizant that the Supreme Court may decide differently on an issue that had been common ground between the parties.

Keywords


Marine Insurance Law; UK Supreme Court; Insured Peril; Insurance Exclusion

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