WELCH v. ROYAL EXCHANGE ASSURANCE.

(1938) 60 Ll.L.Rep. 63

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Fire insurance-Liability of insurers- Non-fulfilment of conditions by assured-Condition precedent-Policy taken out by plaintiff with defendant Corporation-Claim under policy disputed - Arbitration-"The Corporation agrees (subject to the conditions contained herein or endorsed hereon, or otherwise expressed hereon, which conditions shall, so far as the nature of them respectively will permit, be deemed to be conditions precedent to the right of the insured to recover hereunder)" to indemnify the assured in case of damage by fire-"IV. The insured shall also give to the Corporation all such proofs and information with respect to the claim as may reasonably be required, together with (if demanded) a statutory declaration of the truth of the claim and of any matters connected therewith. No claim under this policy shall be payable unless the terms of this condition have been complied with"-Information requested by Corporation as to bank accounts used and controlled by assured for purposes of his business- Failure by assured on making claim to give information of bank accounts (in mother's name) which were used and controlled by him for the purposes of his business-Full information supplied to Corporation by assured during course of arbitration-Amendment of points of defence-Contention by Corporation that assured's failure to disclose information regarding accounts constituted a breach of Condition IV and precluded assured from recovering - Finding by arbitrator that there was no fraudulent concealment and that the accounts, when disclosed, did not contain any material justifying repudiation by the Corporation -Award that Condition IV was a condition precedent to the Corporation's liability; and that the failure by the assured to give the information regarding the accounts was a breach

of that condition and disentitled the assured to recover-Case stated.