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This judgment considers the law on the Sale of Goods Act implied terms of right to sell and quiet possession and the law on force majeure.
In 2009, the vessel NANCY was totally lost by fire at Nakhodka. The owner of the vessel claimed an indemnity under a marine insurance policy from their hull insurer for the constructive total loss of the vessel.
In an appeal from Teal Assurance v WE Berkeley Insurance, the Supreme Court has the opportunity to consider and perhaps jettison the hold harmless fiction.