Late Defences By Insurers

Elafonissos Fishing & Shipping v Aigaion Insurance Co SA (the "AGIOS SPYRIDON") [2012] Commercial Court, 4 April 2012 Societe Generale v Wurttembergische Versicherung AG & Ors [2012]1 Commercial Court, 5 April 2012 The English Commercial Court has recently had to consider two cases in which insurers sought to introduce new defences to the claim very late in the day. The Agios Spyridon involved a hull and machinery policy claim arising from storm damage to a fishing vessel while at anchor in Madagascar. The policy contained a warranty to the effect that the vessel was "laid up in port of Mahanjanga", and insurers contended that the vessel was in fact not laid up in port at the time of the loss. They also alleged material non-disclosure.

The matter was due to proceed to trial on 14 May 2012, but on 7 March 2012 insurers sought to add a new defence, that compliance with the...