FURNESS, WITHY & CO., LTD. v. DUDER.

(1936) 55 Ll.L.Rep. 52

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Marine insurance-Running down clause- Collision between plaintiffs' steamship and tug employed by plaintiffs under towage contract-Collision solely due to negligence of tug - Admitted liability of steamship to tug under contract-Claim by plaintiffs under policy taken out with defendant containing running down clause-"And it is further agreed, that if the ship hereby insured shall come into collision with any other ship or vessel, and the assured and/or charterers shall in consequence thereof become liable to pay, and shall pay by way of damages to any other person or persons any sum or sums not exceeding in respect of any one such collision the value of the ship hereby insured we will pay the assured and/or charterers such proportion of such sum or sums so paid as our subscription bears to the policy value of the ship hereby insured" -Whether clause covered plaintiffs' liability to tug under towage contract.