WILLIAMS v. ATLANTIC ASSURANCE COMPANY, LTD.

(1932) 43 Ll L Rep 177

COURT OF APPEAL.

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

Insurance (marine) - Loss of textile goods - Goods insured under open policy - Assignment of part interest in policy in discharge of debt-Claim by assignee - Right to sue - Onus of proof of value - Prime cost - Alleged fraud and/or concealment-Marine Insurance Act, 1906, Sects. 15, 16 - Law of Property Act, 1925, Sect. 136 - R.S.C., Order 17, r. 3 - Held, that the onus was on the plaintiff to prove the value of the goods lost; that where fraud and/or concealment was pleaded there was a duty upon the underwriter accepting the risk to give evidence upon that plea; (per Scrutton and Slesser, L.JJ.) that the policy being unvalued the plaintiff had given no satisfactory evidence corroborating the alleged value of the lost goods at the time of shipment; (per Greer and Slesser, L.JJ.) that the plaintiff as assignee of a part interest in the policy was no more than an equitable assignee and was not entitled to sue without joining the assignors as co-plaintiffs.