WOOLFALL & RIMMER, LTD. v. MOYLE AND ANOTHER.

(1941) 71 Ll.L.Rep. 15

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice Goddard and Lord Justice du Parcq.

Employer's liability insurance-Construction of policy-Proposal form as basis of contract-Conditions-Policy taken out by decorators-Workmen engaged in painting roof-Collapse of scaffolding -Erection of scaffolding left to competent foreman - Negligence of foreman - Liability of employers - Claim for indemnity under policy- Question in proposal form: "Are your machinery, plant and ways properly fenced and guarded and otherwise in good order and condition? A.: Yes" - Whether relating to time when question answered or extended to future condition of machinery, etc., during currency of policy-Condition in policy: "5. The assured shall take reasonable precautions to prevent accidents, and to comply with all statutory regulations"-Obligation of employer in such circumstances-Decision of Asquith, J., in favour of assured- Appeal by underwriters.