Commodities in Focus Weekly - Issue 90
Construction of a "pay as may be paid" clause in charterers' liability insurance – MS Amlin Marine NV on behalf of MS Amlin Syndicate AML/2001 v (1) King Trader Limited (2) Bintan Mining Corporation (3) The Korea Shipowners' Mutual Protection & Indemnity Association [2024] EWHC 1813 (Comm)
In recent Commercial Court proceedings in MS Amlin v King Trader Limited the Court was asked to consider whether a "pay as may be paid" clause in a policy of charterers' liability insurance had the effect that no indemnity was payable by the insurer where the assured had not discharged the legal liability for which indemnity was sought. The Court concluded that in this specific scenario, no indemnity was payable because the assured had not discharged the legal liability for which the indemnity was sought.
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