LINDSAY BLEE DEPOTS, LTD. v. MOTOR UNION INSURANCE CO., LTD.; MOTOR UNION INSURANCE CO., LTD. v. PROVINCIAL INSURANCE CO., LTD., AND BRITISH FIRE INSURANCE CO., LTD. (THIRD PARTIES.)

(1930) 37 Ll L Rep 220

KING'S BENCH DIVISION.

Before Mr. Justice Talbot.

Insurance (marine) - Loss of and damage to coal through sinking of barge - Discharge of coal from steamship into barge - Coal covered "until the said ship shall have arrived at as above and the said goods and merchandises be there discharged and safely landed" -Barge, used as floating coal depot, loaded with 1000 tons (full capacity 1450 tons) - Inference that barge would have been fully loaded later - Sinking of barge during night - Third party proceedings - Alleged double insurance-Whether loss covered by policy issued by third parties- Meaning of "safely landed" - Held, that in the absence of custom "safely landed" meant what it said and that therefore, as the consignee had dispensed with landing in its true sense, the risk under the policy was determined upon discharge-Held, further, that discharge had ceased none the less that it was probable that further coal would have been discharged into the barge - Goodwin, Ferreira & Co. v. Lamport & Holt, 34 Ll.L.Rep. 192, distinguished.