Siri - metal fatigue - coverage
On 4 May 2018 The Eastern High Court of Appeal has handed down judgment in the appeal from The Maritime and Commercial High Court concerning coverage of the drilling platform SIRI where cracks were found in its underwater construction as a result of metal fatigue in 2009
The court of appeal overturned The Maritime and Commercial High Court’s decision. The court of appeal found upon considering all provisions relevant to deciding the coverage principle that the policies were occurrence policies.
The court of appeal found that the insured had not proven that the loss had occurred in the policy period and found for the insurers as regards the claim for damage and loss of reduction.
As for the sue and labour claim the court of appeal found that the concept of sue and labour was to be interpreted in accordance with English practice rather than Danish insurance law in spite of the English based policies being made subject to Danish law.