WAYNE TANK & PUMP CO. LTD. v. EMPLOYERS' LIABILITY ASSURANCE CORPORATION LTD.

[1973] 2 Lloyd's Rep. 237

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Cairns and Lord Justice Roskill

Insurance (Public liability) - Proximate cause rule - Storage tank installed at plasticine mill by insured - Stearine to be pumped into tank through plastic pipe - Heating tape wrapped round pipe to keep stearine liquid - Current switched on by employee of insured - Installation left unattended - Pipe not capable of withstanding heat - Mill destroyed by fire - Exception of liability for loss "caused by nature . . . of any goods . . . sold or supplied by . . . Insured." - Whether switching on of current a novus actus interveniens - Whether insurers liable.