DCC 382/1997
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, General Insurance Law, Admiralty, Shipping & Navigation, Companies & Corporate Bodies, General Commercial Law, Enforcement of Judgments
Copyright
LexisNexis
Decision date
28 Mar 1998
Catchwords
Delivering the goods – Port of loading – Consignee – Representative – Full deterioration – Insured goods – Insurer – Subsequent damages – Mistake – Shipmaster – Sailors – Intentionally – Commercial – Ship insurer – Exceptional conditions – Achieving the damage – Contested judgment – Respondent company
Delivering the goods in the port of loading to someone other than the consignee or his representative shall be deemed a full deterioration of the insured goods. The insurer shall be responsible of the subsequent damages of the insured goods by the mistake of the shipmaster or the sailors whether intentionally or unintentionally or shipping or commercial without the ship insurer. There is no necessity to depend on involving the one of the insured goods deterioration grounds among the insurance exceptional conditions unless it was the productive or the effective ground for achieving the damage. The contested judgment ruling of the respondent company irresponsibility to guarantee the insured goods against deterioration because the injury has happened during the optional change of the ship travel without discussing the company responsibility on the light of the shipmaster way is deemed failure in reasoning, which necessitates cassation.
Pursuant to the perusal of the documents, and the reading of the summary report, made by judge ”……………”, and after deliberation;
Whereas the cassation has fulfilled all formal conditions, and