WHITWORTH v. HOSKEN.

(1939) 65 Ll L Rep 48

MAYOR'S AND CITY OF LONDONCOURT.

Before His Honour Judge A. Ralph Thomas.

Insurance-Accountant's Indemnity Policy -Claim-Policy taken out by F. (chartered accountant)-Proposal made by K. to F. that he (K.) should open a business as a business transfer agent; that F. should permit his office to be used for that purpose; and that F. should receive commissions on any such transactions effected-Application by W. (plaintiff) to F. & Co. for particulars of business advertised by K. as agent for vendor-Correspondence in reply signed: "F. & Co."-W. induced by K.'s fraud to pay over to him full purchase price-Action brought by W. against F. settled by consent-Settlement approved by underwriters- Assignment to W. by F. of his rights under policy-Denial by defendant that any loss occurred within the meaning of the policy-Contention that F. did not suffer any loss which arose from a claim made against him "in respect of any act of neglect or error on his part or on the part of his servant in the conduct of his business as an accountant."