MITCHELL CONVEYOR & TRANSPORTER COMPANY, LTD. v. PULBROOK.

(1933) 45 Ll.L.Rep. 239

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Insurance-Construction of building by plaintiff contractors for B. Corporation -Policy taken out by plaintiffs with defendant underwriter covering "any loss for the cost of replacing any defective and/or faulty material or workmanship and/or design or imperfections in the original or substituted construction of the plant insured . . . together with contingent charges"- Laying of floors by sub-contractors- Term of main contract that "no . . . sub-contractor shall be employed upon the works . . . who will not enter as a condition of obtaining the order into a contract with the contractor . . . indemnifying the contractor against any claims . . . that may be made against the contractor in consequence of any act, omission or default of the sub-contractor . . ."-Work defective -Claim by B. Corporation against plaintiffs settled-Action brought by plaintiffs on policy-Whether loss due to inherent vice of granolithic mixture use-Variation of proportions of granite chippings and cement - Whether risk increased-Sub-contract without indemnity clause-Effect upon defendant's subrogation rights