KUSEL v. ATKIN (THE “CATARIBA”)

[1997] 2 Lloyd's Rep. 749

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Colman

Insurance (Marine) - Constructive total loss - Indemnity - Vessel suffered two casualties - Damages sustained in first and second casualty not repaired - Cumulative cost of repairing damages attributable to both casualties exceeded insured value of vessel - Whether agreement that vessel should be treated as constructive total loss - Measure of indemnity - Whether amount recoverable limited to insured value of vessel.