United India Insurance Co. Ltd.
v.
Levis Strauss (India) Pvt. Ltd.
Civil Appeal No. 2955 of 2022
Policy type- Standard Fire & Special Perils Policy, Stock Throughout Policy, All Risks Policy
The Supreme Court in the course of its judgment, inter-alia, examined expressions under the Marine Insurance Act, 1973 (“MI Act”), namely, marine adventure, maritime peril referred to in marine adventure and marine policy. It was observed that Section 4 of the MI Act, deals with mixed marine and land risks.
It inter-alia, enables coverage – through express terms, or by usage of trade – extension of marine policies so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. The Supreme Court relied on its earlier judgment in New India Assurance Co. Ltd. v. HiraLal Ramesh Chand and Ors. 2008 (10) SCC 626, where it was held that an insurance cover extending ‘warehouse to warehouse’ meant that the consignments are covered by insurance not only during the sea journey, but beyond as stated in the policy i.e. during transit from the time it leaves the consignor’s warehouse till it reaches the consignee’s warehouse.
In the instant case, since there was a warehouse-to-warehouse transit clause and certain other stipulations, which stated that the policy covers both marine and other risks, the policy was held to be a marine insurance policy which comprehensively covered voyage, transit, transportation and warehouse perils. What is material is not whether the insurable event occurred during the voyage; rather, the focus is on the nature of the cover.
