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Board of Trade v Hain Steamship Co Ltd [1929] AC 534

Board of Trade v Hain Steamship Co Ltd [1929] AC 534


Citation:Board of Trade v Hain Steamship Co Ltd [1929] AC 534

Link to case on VLex.

Rule of thumb:If there is more than one cause of property being lost or damaged, and one cause is covered under an insurance policy, does the policy still apply? Yes, generally speaking the insurance policy does apply prima facie in these circumstances giving rise to a valid claim in the first instance.

Judgment:

Where there are 2 main causes of a loss then as long as one policy covers one of the causes then this is sufficient to make a full claim for some kind of pay-out.

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Ratio-decidendi:

‘it is no answer to a claim under a policy that covers one cause of a loss that the loss was also due to another cause that was not so covered’, Lord Buckmaster at 539

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.