https://www.taxtmi.com/caselaws?id=275653 A marine insurance policy was construed as a whole, and its extended cover for theft, pilferage and non-delivery was given effect in favour of the insured. The claim was held within limitation because repudiation occurred only on 1 April 1991 and the suit filed on 7 August 1992 was within time under Article 44 of the Limitation Act. The policy covered non-delivery and constructive total loss on the facts, including the stranded cargo and unrecovered forwarding costs. The insurer also failed to plead and prove the exclusion clauses or any insured privy to unseaworthiness, so the exclusions did not defeat the claim. en-us Tue, 05 Dec 2006 00:00:00 +0530 Thu, 03 Jul 2025 16:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275653 A marine insurance policy was construed as a whole, and its extended cover for theft, pilferage and non-delivery was given effect in favour of the insured. The claim was held within limitation because repudiation occurred only on 1 April 1991 and the suit filed on 7 August 1992 was within time under Article 44 of the Limitation Act. The policy covered non-delivery and constructive total loss on the facts, including the stranded cargo and unrecovered forwarding costs. The insurer also failed to plead and prove the exclusion clauses or any insured privy to unseaworthiness, so the exclusions did not defeat the claim. Case-Laws Indian Laws Tue, 05 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275653