BARNETT & BLOCK v. NATIONAL PARCELS INSURANCE COMPANY, LTD.

(1942) 73 Ll.L.Rep. 17

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Clauson and Lord Justice Goddard.

Motor insurance - Garage - Meaning- Insurance of claimants' furs, etc.-Cover not to apply to theft of property in cars while such cars were not individually attended "even whilst in garage"- Indorsement of policy providing that insurance company would not repudiate liability in respect of property up to certain amount "in the insured's Bedford van whilst left in a garage," subject to van being fitted with various locks and bolts- Car garaged in yard surrounded by buildings and wall (12 ft. 6 in. high) but without roof-Theft of furs from van- Right of recovery under policy-Whether open yard a garage within meaning of policy-Arbitration-Award that yard was not a garage and that therefore the claimants were not entitled to recover- Case stated.