Masefield AG v Amlin Corporate Member Ltd; The Bunga Melati Dua Piracy, Ransom and Marine Insurance

Lewins, K. and Merkin, R. (2011) Masefield AG v Amlin Corporate Member Ltd; The Bunga Melati Dua Piracy, Ransom and Marine Insurance. Melbourne University Law Review, 35 (2). pp. 717-734.

Abstract

The issue of piracy rarely comes before the courts, but the recent spike in piratical activity off the coast of Somalia has seen it reappear. This case note discusses one cargo owner’s attempt to claim loss by piracy against a marine insurance policy, and considers the circumstances in which such losses may be recoverable. Given that the policy covered piracy as an insured peril — as do most marine policies — the failure of the claim may seem somewhat surprising.