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TITLE [Affirmation of Non-existence of Debt; Insurance Proceeds]Supreme Court Decision 2002Da59528, 59535 Delivered on November 25, 2005 [full Text]
Summary
[1] The validity of the clause in the English Institute Time Clauses (Hulls), which stipulates the English law as the governing law [2] The meaning of proximate cause as stipulated in Article 55 Paragraph (1) of the English Marine Insurance Act [3] The meaning of ""barratry of master officers or crew"" which is listed as one of the peril insured against under the English Institute Time Clauses (Hulls), and in case the insurance purchaser proves facts to support the presumption of the barratry of master officers or crew, whether the insurer is exempted from the obligation to pay insurance proceeds if the insurer proves that the ship owner instructed or tacitly approved such an act (affirmative) [4] The validity of a preceding confession [5] The case holding that although a confession within litigation was made that the vessel sank due to a willful act of the master officers or crew, it cannot be viewed as a peril insured against under the vessel insurance contract since the act was committed pursuant to the ship owner's instruction or his tacit approval
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