Brady v Irish National Insurance Company Ltd

• Jurisdiction: Ireland
• Judge: McCARTHY J.
• Judgment Date: 14 March 1986
• Neutral Citation: 1986 WJSC-SC 190
• Court: Supreme Court
• Docket Number: [1983 No. 4899P]
• Date: 14 March 1986

1986 WJSC-SC 190

THE SUPREME COURT

Finlay C.J.

Walsh J.

Griffin J.

Hederman J.

McCarthy J.

BRADY v. IRISH NATIONAL INSURANCE CO LTD

PATRICK BRADY

v.

THE IRISH NATIONAL INSURANCE CO. LTD.

Citations:

ARNOULD MARINE INSURANCE 14ED P632

BRADY V IRISH NATIONAL INSURANCE CO LTD 1986 IR 698, 1986 ILRM 669

CHRISTIE, THE 1975 2 LlLR 100

MARINE INSURANCE ACT 1906 S18(1)

MARINE INSURANCE ACT 1906 S18(3)(b)

MARINE INSURANCE ACT 1906 S2(2)

MARINE INSURANCE ACT 1906 S33

MARINE INSURANCE ACT 1906 S33(3)

OVERSEAS COMMODITIES LTD V STYLE 1958 1 LlLR 546

Synopsis:

INSURANCE

Insurer

Liability - Exception - Marine insurance - Insured owner of motor cruiser - Vessel laid up - Intermittent maintenance effected by owner while vessel laid up - Removal of water geyser from Calor gas cylinder - Explosion when authorised friend of insured used cooker in galley - Warranty by insured that vessel, when laid up, would not be used for any purpose other than "customary overhauling" - Statutory duty of insured to disclose every material circumstance except matters of common notoriety - Held that it was a matter of common notoriety that the galley of a pleasure boat is used when the vessel is laid up - Held that the warranty must be construed ~contra proferentem~ - Held that the use of the galley and cooker was, in the circumstances, part of, and ancillary to, the customary overhaul of the insured's vessel - Held, accordingly, that there had been no breach of warranty by the insured and that the insurer was not entitled to disclaim liability under the policy - Decision of the High Court (14/6/85) reversed - Marine Insurance Act, 1906, ss.18, 33 - (181 & 269/85 - Supreme Court - 14/3/86) - [1986] IR 709 - [1986] ILRM 669

|Brady v. Irish National Insurance|

WORDS AND PHRASES

"Overhauling"

Contract - Insurance - Indemnity - Warranty by insured that motor cruiser, when laid up, would only be used for "customary overhauling" - Use of galley and gas cooker - Explosion - Liability of insurer - ~See~ Insurance, insurer - (181 & 269/85 - Supreme Court - 14/3/86) - [1986] IR 709 - [1986] ILRM 669

|Brady v. Irish National Insurance|

1 JUDGMENT delivered on the 14th day of March 1986by McCARTHY J.

2 On the pleadings, during the trial in the High Court, and for most of the hearing of the instant appeal, it has been accepted and, by both sides, pleaded that the relevant Policy was a Marine Policy within the meaning of the Marine...