CHUBB INSURANCE SINGAPORE LIMITED v SIZER METALS PTE LTD

[2023] SGHC(A) 17 High Court (Appellate Division) 3 May 2023 AD/CA 37/2022
12 cases cited (9 SG, 3 foreign)

Outcome

Appeal dismissed

“We therefore dismiss the appeal.”

Source: [2023] SGHC(A) 17, High Court (Appellate Division), decided 3 May 2023. Read directly from the judgment.

Key facts

Court High Court (Appellate Division)
Decided
Judges Aedit Abdullah, Belinda Ang Saw Ean, Woo Bih Li
Charges / claim Insurance
Outcome Appeal dismissed
Counsel Goh Phai Cheng LLC, PDLegal LLC, Premier Law LLC, Providence Law Asia LLC, Dumaguing Laurene Yzabel Rowena Adeline Dagalangit, Goh Phai Cheng, Koh Kuan Hong John Paul, Lee Weiming Andrew, Ramachandran Doraisamy Raghunath, Vergis S Abraham, Yee Mun Howe Gerald

Source: [2023] SGHC(A) 17, High Court (Appellate Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (11)

Goh Phai Cheng LLC Firm
PDLegal LLC Firm Premier Law LLC Firm Providence Law Asia LLC Firm
Dumaguing Laurene Yzabel Rowena Adeline Dagalangit Counsel for the respondent
Goh Phai Cheng Counsel for the appellant
Koh Kuan Hong John Paul Counsel for the appellant
Lee Weiming Andrew Counsel for the respondent Ramachandran Doraisamy Raghunath Counsel for the respondent Vergis S Abraham Counsel for the respondent
Yee Mun Howe Gerald Counsel for the appellant

Parties (2)

Chubb Insurance Singapore Limited Appellant
Sizer Metals Pte Ltd Respondent

Case Significance

Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd [2023] SGHC(A) 17 is a reserved judgment of the Appellate Division of the High Court, delivered on 3 May 2023 in Civil Appeal No 37 of 2022, with Belinda Ang Saw Ean JCA delivering the judgment of the majority comprising Aedit Abdullah J and herself, sitting with Woo Bih Li JAD. The appeal arose from HC/S 1248/2019, in which Sizer Metals Pte Ltd successfully sued Chubb Insurance Singapore Ltd for the loss of four shipments of tin concentrate in drums insured under a Marine Cargo Open Policy incorporating Institute Cargo Clauses (A) terms; the Judge held Chubb liable to indemnify Sizer because the loss was due to theft during the insured voyage. Chubb appealed, the key issue being whether the thefts occurred within the operative duration of cover under the Transit Clause in cl 8.1 of the ICC(A).

What was Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd [2023] SGHC(A) 17 about?

The Appellate Division heard Chubb Insurance Singapore Ltd's appeal against a decision holding it liable to indemnify Sizer Metals Pte Ltd for the theft of four shipments of tin concentrate insured under a Marine Cargo Open Policy. The judgment was delivered on 3 May 2023.

What was the key issue in Chubb Insurance v Sizer Metals [2023] SGHC(A) 17?

The appeal turned on the Transit Clause in cl 8.1 of the Institute Cargo Clauses (A), which governs the operative duration of the insurance, and specifically whether the thefts of the four shipments occurred within the period of cover.

Statutes Cited

Cases Cited (12)

SG (1)
[2022] SGHC 51
SLR (8)
[2002] 1 SLR(R) 1136 [2004] 3 SLR(R) 534 [2006] 3 SLR(R) 769 [2007] 4 SLR(R) 855 [2010] 1 SLR 428 [2015] 3 SLR 990 [2015] 5 SLR 1422 [2017] 5 SLR 268
UK (3)
[1921] 2 AC 41 [1985] 1 WLR 948 [1985] 2 All ER 712

Related cases

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Referenced in

Statutes interpreted in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC(A) 17)