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: Plaintiff’s ship was covered by insurance policy issued by defendants. The policy made claim possible if owner exercised due diligence. Defendants claimed that plaintiff’s employees were not due diligent in maintenance to propellor shaft.
Issue: (1) Was plaintiff’s 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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.