GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., AND MATTHEW WATT DRYSDALE v. MIDLAND BANK, LTD., SCOFFIN & WILLMOTT, LTD., AND PLANT BROS., LTD.

(1940) 67 Ll.L.Rep. 218

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice Scott and Lord Justice Goddard.

Fire insurance - Fraud - Insurance of Plant Bros.' buildings and contents- Policies issued by insurance corporation and by Lloyd's underwriters - Indorsements providing that interest in policies was vested in Plant Bros., Scoffin & Willmott and Midland Bank "for their respective rights and interests" - Interest of Scoffin & Willmott limited to freehold rights in part of buildings - Plant Bros.' overdraft with Midland Bank secured by floating charge on property, bank holding debentures - Fire damaging buildings and contents - Claim made by Plant Bros. - Loss paid by insurers, cheques sent being made payable to Plant Bros., Scoffin & Willmott and Midland Bank - Indorsements by payees, amounts being paid into Plant Bros.' account at Midland Bank - Subsequent discovery that fire was due to arson by Plant Bros.' works manager and that their claim was made fraudulently and fraudulently exaggerated - Claim by plaintiff insurers for declaration that Plant Bros., Scoffin & Willmott and Midland Bank were liable to repay amounts paid in respect of fire loss-No appearance by Plant Bros.-Liability of Scoffin & Willmott and Midland Bank-Evidence of matters leading up to settlement of fire loss-Manner of payment-Lloyd's policy indorsed by Plant Bros.: "Pay all claims to W. & M."-Payments made to W. & M., who sent own Cheque to Plant Bros.-Position of W. & M. considered.