Marine Insurance- Seaworthiness- Presumption of loss due to 'perils of the sea' if it can be shown that vessel was seaworthy prior to setting out
The vessel owned by the plaintiff went down with 27 people on board. The events surrounding the sinking were unknown. The plaintiff sought a declaration that the defendant insurer was obliged to indemnify the plaintiff in respect of the loss. The vessel was insured for loss due to 'perils of the sea'