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Underwriter Can Appeal on Load Insurance
Page 41
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QN Monday, the House of Lords Appeal Committee gave a Lloyd's underwriter leave to appeal to the House from a decision of the Court of Appeal concerning insurance cover for the theft of 7 m. cigarettes.
The cigarettes were in John Player and Sons' London depot, in two lorries belonging to A. Tomlinson (Hauliers) Ltd., Nottingham, when the lorries were taken from the depot on May 24, 1961. They had been driven to the depot from Player's factory in Nottingham. The Court of Appeal had dismissed the ippeal by the underwriter, Mr. Dudley F. Hepburn, from Mr. Justice Roskill's judgment in favour of Tomlinson, who claimed against him for £136, his share of the sum said to be payable under an insurance policy covering the cigarettes. Mr. Hepburn denied liability.
Lord Justice Sellers said in the Court Df Appeal there was no doubt that Tominson intended to insure, and did insure by the policy, the proprietary interest in he goods for the benefit of the owners, 'layer and Sims.
Mr. Morris Finer, Q.C., for Mr. HepDurni contended before the Appeal Cornnittee that the issue was not whether 'here was intention to insure the provietary interest, but whether or not the tsurd entered into the policy as trustee -or the third party. One got no assistance 'rom the form of the policy in this case.
There was no doubt that the fast thing he underwriters thought they were doing was to cover the interest of Player's. he tdded.
Mr. L. Herrick Collins, Q.C. for Tomlinson, submitted that the wOrcling of he policy covered the whole of the pro /rietary interest The law on the matter tad been settled 100 years ago, and had teen applied in numerous case S since hen.