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Commercial Court upholds ‘actionable fault’ defence in general average cases

The ‘actionable fault’ defence under Rule D of the York Antwerp Rules is available to issuers of general average guarantees in the AAA/ILU Form format, the Commercial Court has ruled

‘Nothing is payable under the GA guarantees issued by [insurers] if the loss was caused by the owner's actionable default or until that issue has been resolved,’ rules His Honour Judge Henry Pelling

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