How have the courts interpreted the "want of due diligence" provision in the Liner Negligence clause?
Nova Scotia, Canada
The following excerpt is from Secunda Marine Services Ltd. v. Liberty Mutual Insurance Company, 2006 NSCA 82 (CanLII):
Finally, the appellants rely upon Bjorkman v. British Aviation Ins., 1956 CanLII 6 (SCC), [1956] S.C.R. 363 for the proposition that the words “provided such” in the Liner Negligence clause serve to characterize the “want of due diligence” provision as being a “coverage provision”, as opposed to an exclusion. With respect, this case is of no help to the appellants.
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