O’KANE v. JONES (THE “MARTIN P”) [2003] EWHC 3470 (Comm)

[2004] 1 Lloyd's Rep. 389

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Deputy High Court Judge Richard Siberry, Q.C.

Insurance (Marine) - Two policies on vessel’s hull and machinery - Second policy cancelled after vessel became constructive total loss - Whether underwriters under first policy entitled to contribution from second insurers - Existence of double insurance - Identity of assureds under two policies - Whether managers of vessel had insured on behalf of owners - Agency - Insurable interest - Measure of contribution - Whether second policy voidable for non-disclosure of non-payment of premiums under first policy - Materiality, inducement and affirmation - Whether second policy void for mutual mistake - Marine Insurance Act, 1906, ss. 18, 26, 32 and 80.