SMITH & SON v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD.

(1934) 48 Ll.L.Rep. 67

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Slesser and Lord Justice Maugham.

Workmen's compensation insurance - Industrial disease - Silicosis - Cover under policy from June 17, 1927, to June 17, 1930, against liability under Workmen's Compensation Act in respect of "any personal injury or disease . . . which, at any time or times during the continuance of this policy, shall be sustained or contracted by any workman . . ."-Letter of Sept. 28, 1927, extending policy to cover "any liability . . . in connection with any claim made by your employees in respect of silicosis . . ."-Mar. 31, 1928: workman entered assured's employment as file cutter and came under scheme-June 16, 1930: workman ceased work as file cutter and left scheme - Oct. 31, 1931: workman left assured's employment-Dec. 30, 1932: workman certified disabled from silicosis accompanied by tuberculosis, total disablement dating from July 18, 1932 - Assured liable under scheme - Claim to be indemnified by insurance company-Disease "contracted by a gradual process"-Workmen's Compensation Act, 1925, Sects. 43, 47- Metal Grinding Industries (Silicosis) Scheme, 1927, Sects. 4, 5, 9 and 11-