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able accident or occurrence appeared applied arising arrest assured balance of probabilities Bamburgh Bay of Biscay bilge boat brokers burden of proof Captain Orsborne cargo casualty charterers circumstances claim for barratry Classification Society consequently constructive total loss Court of Appeal cover decided decision deliberately cast doubt engine room evidence experience fact failed Farne Islands Forfarshire fortuitous Grace Darling House of Lords hull insured peril Islands Justice Bingham Justice Lloyd Komiseris Land Rover learned judge liability Lloyd's Rep London Longstone Longstone lighthouse Lord Justice Marine Claims Marine Insurance Act marine policy master or crew Negligence Clause Nevertheless non-disclosure occurred Oceanus owners perils insured plaintiffs Popi port Port Etienne premium proved proximately caused prudent Underwriter reasonable repairs restraint or detainment result riot risk S.G. Form sail scuttling Seahouses seawater ship shipowners sinking submarine theory Underwriters unseaworthy voyage wear and tear weather William Darling words