AK & Partners’s articles from AK & Partners are most popular:
- in India
- with readers working within the Basic Industries and Media & Information industries
AK & Partners are most popular:
- within Insurance, Employment and HR, Litigation and Mediation & Arbitration topic(s)
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.
