WILLIAMS v. ATLANTIC ASSURANCE COMPANY, LTD.

(1932) 42 Ll.L.Rep. 206

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Insurance (marine)-Loss of textile goods -Claim by assignee of a part interest in policy-Right to sue-Defences: that goods were fraudulently overinsured; that the disparity between the real value and insured value was a material circumstance which should have been disclosed; that claimant had failed to provide even prima facie evidence of value-Onus of proof- Delay in prosecution of action-Unsatisfactory evidence