Delos Shipholding SA & Ors v Allianz Global Corporate and Specialty SE & Ors [2024] EWHC 719-25 March 2024 (Dias DBE J)

The Vessel “Win Win” intending to anchor at EOPL Singapore in February 2019, was within Indonesian territorial waters and was arrested by their Navy (shortly after an anchoring rule change). The Vessel was detained for 18 months and the Master imprisoned.  The Defendant war risk insurers contested liability under the Policy, arguing that (i) insured Owners knew/ should have known of the risk, thus the loss was voluntary (ii) the arrest was akin to a customs/ quarantine one and excluded by the Policy (iii) Owners failed in their ‘sue and labour’ duty, including engaging in futile negotiations with Indonesia, thus causing the loss.  Each argument failed as did the Defendants’ attempt to avoid the policy for non-disclosure of (unrelated) Greek criminal charges against Owners’ director, held to have had no relevance or bearing on acceptance of the risk.