Warranties in Marine Insurance Policies

Author: David K. Jones


A recent decision of the British Columbia Court of Appeal addresses the interesting issue of warranties in a marine insurance policy. The case is Elkhorn Developments Ltd. v. Sovereign General Insurance Co. Elkhorn’s barge sank in Brooks Bay and was a total constructive loss. Five days earlier it had been towed to Brooks Bay from Finn Bay, approximately 100 miles away. Insurance coverage was denied on the ground that Elkhorn failed to comply with the warranty to obtain prior approval from the insurer to move the barge.

From Harbour & Shipping

About David K. Jones

David practices civil and commercial litigation with an emphasis on maritime, occupational health and safety, and environmental law matters. David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with… view full profile »