*Atlasnavios-Navegacao LDA (formerly Bnavios-Navegacao LDA) v Navigators Insurance Company Ltd and others

Marine insurance – War risks policy. Where Venezuelan authorities had detained a vessel for more than six months for the infringement of customs regulations, following an unsuccessful attempt by unknown third parties to use it to export drugs from Venezuela, the appellant owners of the vessel were not entitled to recover its insured value from the respondent war risk insurers after treating the vessel as a constructive total loss. The Supreme Court, in dismissing the owners' appeal, ruled that the war risks insurance policy did not cover the present circumstances, because the concept of loss or damage caused by 'any person acting maliciously' (an insured peril under the policy) was not designed to cater for situations where the state of mind of spite, ill-will or the like had been absent, as it had been in the present case.

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