CEPHEUS SHIPPING CORPORATION v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC. (THE “CAPRICORN”)

[1995] 1 Lloyd's Rep. 622

QUEEN’S BENCH DIVISION

Before Mr. Justice Mance

Insurance (Marine) - Loss of earnings insurance - Indemnity - Reefer vessel insured with defendants - Damage to generator discovered - Plaintiffs claimed under policy - Defendants alleged vessel anyway due for lay up and cover not applicable - Whether vessel waiting for appropriate employment - Whether plaintiffs had insurable interest. Practice - Discovery - Marine insurance - Plaintiffs claimed for loss of earnings - Defendants alleged discovery given by plaintiffs on elective basis - Whether defendants entitled to dismissal of action for default in discovery - R.S.C., O. 24, r. 16.