MOK Petro Energy FZC v Argo (No 604) Ltd and Others [2024] EWHC 1935 (Comm) - King's Bench Division, Commercial Court (Mrs Justice Dias) - 26 July 2024

Marine insurance - Cargo claim - Burden of proof - Damage to cargo - Whether cargo damaged at all - Effect of breach of survey warranty - Insurance Act 2015, sections 10, 11 and 17

MOK was an oil trading company based in Dubai. It was insured by Cedar Insurance & Reinsurance Co Ltd under an all-risks marine cargo open cover for shipments of petrochemical cargoes declared during the period 21 April 2017 to 20 April 2018. This was a fronting operation for London market reinsurers, who reinsured Cedar on back-to-back terms and were directly liable to MOK under cut-through arrangements. There was no need for any distinction to be drawn between the insurance and the reinsurance, and the court simply referred to "the Policy".