MARINE INSURANCE COMPANY, LTD. v. GRIMMER.

(1943) 77 Ll L Rep 224

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Insurance-Reinsurance-Slip-"Cavelier s.s. and/or steamers"-Open cover including war risks provided by plaintiff insurance company in respect of all sugar shipments by Jamaican company-Plaintiffs notified of intended shipment under policy (vessel not being named)-Brokers instructed by plaintiffs to arrange special reinsurance cover-Slip placed by brokers before defendant underwriters in respect of "sugar and/or interest as original" in "Cavelier and conveyances as original" -Brokers after inquiry by plaintiffs and before full reinsurance cover effected, instructed to alter slip to read "Cavelier s.s. and/or steamers held covered"-Slip re-initialled by defendants-Effect of alteration - Plaintiffs' honest (though erroneous) belief that sugar would be shipped in Cavelier-Nominated sugar in fact shipped in steamer Western Head- Western Head sunk before brokers instructed to reinsure-Right of recovery under reinsurance policy-Whether, as the defendants contended, it was a condition precedent to the risk attaching that the sugar was intended to be shipped in the Cavelier, or whether, as the plaintiffs contended, it was sufficient that they (the plaintiffs) had reasonable grounds for their belief that it would be shipped in the Cavelier - Amount of recovery - Other sugar shipped in Cavelier-"Rate to be arranged"-Whether defendants entitled to adjustment of premium-Date for fixing rate-Date of sailing or date on which slip underwritten.