Thor Navigation Inc. v Ingosstrakh Insurance Company Ltd. & Anor, Court of Appeal - Commercial Court, January 14, 2005, [2005] EWHC 19 (Comm)
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Thor Navigation Inc. v Ingosstrakh Insurance Company Ltd. & Anor, Court of Appeal - Commercial Court, January 14, 2005, [2005] EWHC 19 (Comm)
Neutral Citation Number: [2005] EWHC 19 (Comm)
Claim No: 2003 Folio 804IN THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISIONCOMMERCIAL COURTRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 14th January 2005Before :THE HONOURABLE MRS JUSTICE GLOSTER DBE- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Mr Stephen Kenny (instructed by Holman Fenwick and Willan) for the ClaimantMr Huw Davies (instructed by Hill Taylor Dickinson) for the 1st and 2nd DefendantsHearing dates: 12, 13, 14 and 15 July 2004- - - - - - - - - - - - - - - - - - - - -JudgmentMrs Justice Gloster DBE: Background1. This is the trial of certain preliminary issues ordered to be determined by Cresswell J at the Case Management Conference on 5th March 2004. The parties agreed that I should also determine certain additional preliminary issues. 2. Once these preliminary issues are determined, the parties intend to attempt mediation to resolve the balance of their dispute. The hope is that the answers to these preliminary issues will assist with the mediation.3. The estimated length of trial was 3 days with half a day estimated reading time. In fact the trial lasted 4 days (12, 13, 14 and 15 July 2004). There were 2 live witnesses who gave evidence and 2 experts who also gave evidence. There were a number of files of documentary evidence and numerous authorities referred to. Opening skeleton arguments ran to over 30 pages on each side and there were extensive written closing submissions.4. The claim is made by the Claimant, Thor Navigation Inc. (``Owners''), owner of the vessel ``THOR II'' (``the Vessel''), under two fleet policies of hull and machinery insurance insuring the Interglobal fleet. The first policy, dated 11 July 2002, was issued by the First Defendant, Ingosstrakh Insurance Company Ltd (``Ingosstrakh''), covering 40% of the risk; the second policy, dated 29 June 2002, was issued by the Second Defendant Schwarzmeer Und Ostsee Versicherungs-Aktiengesellschaft (``SOVAG''), covering 60% of the risk. I shall refer to the First and Second Defendants collectively as ``Insurers''.5. Ingosstrakh is a Russian joint-stock company and has been a leader in the Russian insurance market for 55 years, including the marine hull insurance market. SOVAG is a German company owned by Ingosstrakh. Although SOVAG took 60% of the risk, this business was led at all times by Ingosstrakh. Mr Semenkov, a director of Ingosstrakh's marine hull ocean going department, was the individual responsible for agreeing the terms on which Insurers were prepared to offer and provide cover for Owners' vessels (including the Vessel).6. Topmar Shipping Corp SA (``Topmar'') acts, amongst other things, as a producing broker for Ingosstrakh in Greece. The agency relationship began in 1997. Topmar (acting primarily by Mr Krasnokutskiy and also by Mr Hallak) acted as brokers for Insurers in relation to the placement of this business, their role being that of a conduit between Insurers on the one hand and Owners and their brokers on the other.7. Owners, a Liberian company, own the Vessel which operates as part of a fleet of vessels managed by Interglobal Marine Agencies (``Interglobal''). European Link SA (``Link'') acted on behalf Interglobal and Owners in the placement of this business. The individual at Link who was concerned with the placement was Mr Myrianthopoulos.8. Ingosstrakh writes business in a number of international markets, not just Russia. Most of its international business comes from London, Greece, Norway and Germany. About 50% of the hull and machinery policies written by Ingosstrakh are writ...See the full content of this document
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