In October 2018, the UK Defence Club, a mutual maritime insurance legal costs body, published a briefing about the guidance provided by the High Court on the correct interpretation of a standard sanctions clause contained in a marine cargo insurance policy (following a loss of cargo shipped to Iran in 2012). The insurers had sought to resist payment of the claim under the terms of the sanctions clause within the policy on the basis that payment would potentially expose them to sanctions. However, after reviewing the US sanctions regime, the judge concluded that the assured was entitled to payment of its claim. It says that the insurers had to establish on the balance of probabilities that payment would be prohibited and the insurers would be subject to sanction.
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