PORTAVON CINEMA COMPANY, LTD. v. PRICE AND OTHERS.

(1939) 65 Ll L Rep 161

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Fire insurance - Double insurance - Insurance of cinema - Policy taken out by P. Co. (lessees of cinema) with Lloyd's underwriters - Policy also taken out by W. Ltd. (lessors of cinema) with insurance company (subsiduary of F. Office) at request of and for purpose of raising loan upon cinema premises from F. Office- Fire - Lessees under contractual liability to reinstate-Claim by Lessees against Lloyd's underwriters and against the insurance company-Clause in Lloyd's policy providing: "This insurance does not cover any loss or damage or liability which at the time of the happening of such loss or damage or liability is insured by or would, but for the existence of this policy, be insured by any other policy or policies except in respect of any excess beyond, the amount which would have been payable under such other policy or policies had this insurance not been effected" - Purpose of clause - Whether double insurance effected- Underwriters' contentions that insurance effected by lessors with insurance company raised an equity in favour of plaintiffs; that a declaration of trust was made by lessors in favour of plaintiffs by way of indorsement on company policy; that company policy was taken out by plaintiffs' authority; that that policy was ratified by the plaintiffs after the loss; and that the statutory right which plaintiffs had against the insurance company under Sect. 83 of the Fires Prevention (Metropolis) Act, 1774, created an insurance in plaintiffs' favour-Whether Lloyd's underwriters within the description "Governors or directors of the several insurance offices for insuring houses or other buildings against loss by fire"-Life Assurance Act, 1774, Sect. 2-Amount recoverable - Landlord's fittings and fixtures specifically covered in Item 1- "Electrical installation, heating and ventilating apparatus" (generally recognised as landlord's fixtures)

included in Item 3-Item 3 carrying £2000 excess-£2000 exceeded-Whether electrical installation, etc., could be included in Item 1.