ABSTRACT
This element of war risks cover has generated a steady trickle of disputes in the English courts. A number of key issues have been identified in recent litigation, and these provide the focus for this chapter. On the question of targeted spite, Lord Mance in The B Atlantic drew a distinction between the case law on this question, those predating the drafting of the Institute Time Clauses (Hulls) 1983, and a series of subsequent first instance decisions. The historic case law can be read as providing a more restrictive interpretation of malicious acts, requiring some degree of targeted ill-will towards the insured property. In The Mandarin Star, Lord Denning M. R. treated “maliciously” as requiring “spite or ill-will”. His formulation evidently required some motivation beyond personal gain, but did not resolve whether some degree of personal animus was required.
