NORWICH UNION FIRE INSURANCE SOCIETY, LTD. v. WM. PRICE, LTD.

(1934) 49 Ll L Rep 55

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Sankey (Lord Chancellor), Lord Blanesburgh, Lord Wright, Sir Lancelot Sanderson, and Sir Sidney Rowlatt.

Marine insurance - Abandonment - Payment of claim-Mistake-Insurance of lemons shipped in steamer A-Information received by assured that vessel had been in collision; that the lemons had of necessity been sold; with instructions to claim against the insurers -Settlement of claim, insurers taking from assured usual letter of subrogation - Subsequent discovery that damage to lemons, followed by their sale, did not arise in consequence of insured perils-Claim by insurers to recover payment made in settlement- Bona fide mistake of fact-Australian Marine Insurance Act, 1909.