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- within Insurance topic(s)
- in Australia
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Episode Description
In this Lexpresso special, we unpack the Supreme Court's
landmark decision in Soham Shipping Pvt. Ltd. vs. The New India
Assurance Co. Ltd., where the Court struck a balance between rigid
insurance warranties and commercial practicality. The dispute
centered on a marine insurance clause requiring voyages to begin
and end before the monsoon—an impossible condition under
real-world shipping timelines.
By holding that such impractical clauses can be deemed waived to preserve the commercial purpose of the contract, the Court reinforced a vital principle: insurance law must serve business reality, not frustrate it. A defining judgment for insurers, brokers, and maritime operators navigating the tension between risk control and operational flexibility.
Your 8-minute guide to how the Supreme Court just made marine insurance more commercially navigable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
