해상적하보험에서 보험목적물의 고유하자에 관한 판례연구

The Case Study on Inherent Vice of the Subject Matter Insured in Marine Cargo Insurance - Focused on U.K. Supreme Court's Decision in the Cendor Mopu -

In a decision handed down on 1 February 2011, the U.K. Supreme Court in the Cendor Mopu clarified the scope of the exclusion in marine cargo insurance incorporating ICC(A) for loss caused by inherent vice of the subject matter insured. The court critically reviewed previous authorities in this branch of law over recent decades and held that, for the defence of inherent vice to succeed, the intrinsic nature of the subject matter insured must be sole cause of loss or damage suffered, irrespective of any external events or factors. At the same time, the court provided some comments as to what is meant by "perils of the seas" and the causation. This case, therefore, will be of interest and attention to the concerned parties with marine cargo insurance. The purpose of this study is to analyze the Supreme Court's judgement in the Cendor Mopu, and provide some commentaries on it's decisions.