SYMINGTON & CO. v. UNION INSURANCE SOCIETY OF CANTON, LTD.

(1928) 32 Ll L Rep 287

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Sankey.

Insurance (marine)-Slip-Issue of policy subsequent to loss-Loss of cork lying on jetty at Algeciras awaiting shipment -Damage "which may reasonably be attributed to fire"-Jettison- "Warehouse to warehouse" clause- Findings (1) that risk attached; (2) that loss was due to insured peril; and (3) that action taken by port and military authorities in extinguishing fire was not restraint of princes-Rectification -Express term of slip that Institute Cargo Clauses (F.P.A.) should be included in policy-Alleged implied term that policy should include "fire clause" (limiting terms of Institute Clauses)-Case referred back for finding of arbitrator whether usual form of policy included such or similar "fire clause"-Further findings by arbitrator