In its judgment of 27 June 2013 concerning a claim under the most comprehensive Antwerp Policy, i.e. the Grandes Conditions d’Anvers 1859, the Antwerp Commercial Court has decided that the arrest of a vessel at sea by a public authority is not a marine risk under Belgian law, since the motivation for this arrest was related to the sales contract concerning the goods carried on board the vessel.
As a consequence only perils caused by the sea will qualify as a marine risk, whereas perils that occur at the sea no longer seem to qualify as a marine risk under Belgian law. Hence, if a ship or cargo is arrested at sea, the insured claiming coverage under an All Risks policy for the losses and expenses following this arrest, will have the burden of proof that these expenses or losses were caused by (another) marine risk!
Appeal has been launched against this judgment.
As a consequence only perils caused by the sea will qualify as a marine risk, whereas perils that occur at the sea no longer seem to qualify as a marine risk under Belgian law. Hence, if a ship or cargo is arrested at sea, the insured claiming coverage under an All Risks policy for the losses and expenses following this arrest, will have the burden of proof that these expenses or losses were caused by (another) marine risk!
Appeal has been launched against this judgment.