SMITH & SON v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD.

(1933) 47 Ll L Rep 88

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Workmen's compensation insurance - Industrial disease - Silicosis - Cover against liability under Workmen's Compensation Act in respect of "any personal injury or disease which at any time or times during the continuance of this policy shall be sustained or contracted by any workman . . ."- Policy extended to cover "any liability . . . in connection with any scheme made by your employees in respect of silicosis . . ."-Cover under policy from June 30, 1927, to June 17, 1930 -Mar. 31, 1928: workman entered assured's employment as file cutter and came under scheme-June 16, 1930: workman ceased work as file cutter and left scheme; policy lapsed-Oct. 31, 1931: workman left assured's employment -Dec. 30, 1932: workman certified disabled from silicosis accompanied by tuberculosis, total disablement dating from July 18, 1932-Assured liable under scheme-Claim to be indemnified by insurance company-Disease "contracted by a gradual process"-Workmen's Compensation Act, 1925, Sects. 43, 47-Metal Grinding Industries (Silicosis) Scheme, 1927, Sects. 4, 5, 9 and 11