THE BANK OF NOVA SCOTIA v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD. (THE “GOOD LUCK”)

[1991] 2 Lloyd's Rep. 191

HOUSE OF LORDS

Before Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Oliver of Aylmerton, Lord Goff of Chieveley, and Lord Lowry

Insurance (Marine) - War risks - Owners traded vessel to Gulf - Bank mortgagees unaware vessel uninsured - Vessel struck by missile - Letter of undertaking - Whether club in breach of duty of utmost good faith in failing to disclose what they knew to the bank - Duty to speak.