Supreme Court

Decision Information

Decision Content

                        IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Secunda Marine Services Ltd. v. Liberty Mutual Insurance Company,                                                       2005NSSC180

 

 

Date: 20050629

Docket: S.H. No. 170362

Registry: Halifax

 

Between:

Secunda Marine Services Limited

Plaintiff

v.

 

Liberty Mutual Insurance Company, carrying on business under the name Liberty International Canada, Royal & Sun Alliance Insurance Company of Canada and Reliance Insurance Company

 

Defendants

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Douglas L. MacLellan

 

Heard:                            May 30, 31, and June 1, 2005, Nova Scotia

 

 

Subject:                          Claim under Insurance Policy to Cover Costs of Repair to broken propellor shaft of plaintiff’s ship.     

 

Summary:                       Plaintiffs ship was covered by insurance policy issued by defendants.  The policy made claim possible if owner exercised due diligence.  Defendants claimed that plaintiffs employees were not due diligent in maintenance to propellor shaft.

 


Issue:                            (1)  Was plaintiffs claim covered by the insurance company and did plaintiff exercise due diligence?

 

Result:                          Plaintiff did exercise due diligence and entitled to the entire agreed upon amount to cover the costs of repairs to the propellor shaft. 

 

 

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