EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD. v. CAYZER, IRVINE & CO., LTD.

(1928) 30 Ll.L.Rep. 19

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Insurance (marline or war)-Requisitioned ship - Charter-panty T. 99 - Collision between steamships C M and E-Doubt as to whether loss of C M due to marine or war risk-War risk undertaken by Government-Payment made by marine underwriters by way of loan -Undertaking by shipowners to refund if found to be war risk-Petersham decision pending-Whether undertaking to refund dependent upon Petersham decision or upon express decision governing C M-Subsequent Geelong decision -Whether delay and enforcement of shipowners' claim against Government at instance of solicitor instructed by marine risk underwriters evidence of election to treat payment as settlement under policies - Whether marine risk underwriters estopped from claiming repayment-Right of subrogation where underwriters have paid loss for which they were not liable considered.