AGAPITOS v AGNEW AND OTHERS THE AEGEON

[2002] Lloyd's Rep IR 573

COURT OF APPEAL

Before Lord Justice Brooke, Lord Justice Mance and Lord Justice Park

Insurance (marine) - Total loss of vessel - Claim rejected for breaches of warranty - Assured commenced proceedings - Underwriters asserted that assured had made false statements in course of proceedings - Effect of breach of warranty - Whether breach of continuing duty of utmost good faith - Whether assured had made fraudulent claim.