Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG and Ors (The “Alexandros T”) – QBD (Com Ct) (Burton J) – 19 December 2011
Practice – Compromise – Shipowner bringing proceedings against insurers to enforce marine insurance policy – Action settled on terms set out in Tomlin Order – Settlement agreement containing English jurisdiction clause – Shipowner subsequently bringing claims against insurers in Greece – Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief – Whether shipowner’s claims in Greek proceedings precluded by terms of settlement – Whether insurers entitled to summary enforcement of Tomlin Order – Whether insurer’s actions should be stayed
On 15 August 2006 the claimant (“Starlight”), owner of the vessel Alexandros T, sued seven underwriters arising out of the loss of the vessel on 3 May 2006 (“the original action”). Overseas Marine Enterprises Inc (“OME”) were identified in the policies as Managers. The insurance policies contained an exclusive English jurisdiction clause.
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Jan 12 2012
