[1973]DLHC2213 • March 9, 1973 • High Court
WADAD HADDAD FISHERIES vs. STATE INSURANCE CORPORATION
The plaintiffs, owners of the fishing vessel Le Martian, insured the vessel against all risks with the defendants under a marine insurance policy. The vessel sank while anchored at the inner fishing harbour at Tema. Plaintiffs claimed the insured sum of ¢15,810.00 plus interest, alleging the sinking was covered by the policy. Defendants denied liability, alleging the sinking was due to plaintiffs' fault and that plaintiffs concealed material facts at the time of insurance.
read moreJUDGMENT OF ABBAN J. By their amended writ of summons the plaintiffs are claiming from the defendants the sum of ¢15,810.00 as money due to them under a marine insurance policy, No. 01/43/00141/9, dated 4 September 1969, and issued by the defendants in respect of the fishing vessel Le Martian—T.F. 123. The plaintiffs are also claiming interest on this amount at the rate of eleven per cent, calculated from September 1969, to the date of judgment. The plaintiffs are the owners of the said vessel, and the vessel was insured with the defendants against all risks. That is, “against losses and damages, howsoever caused.” In their paragraph (4) of the statement of claim, the plaintiffs alleged that “on or about 20 September 1969, whilst the said fishing vessel was anchored at the inner fishing harbour at Tema, it was discovered that the said vessel had sunk.” The plaintiffs further alleged that the circumstances leading to the loss of the vessel were covered by the terms of ...