GARTHWAITE AND OTHERS v. ROWLAND.

(1947) 81 Ll L Rep 417

MAYOR'S AND CITY OF LONDONCOURT.

Before His Honour Judge A. Ralph Thomas.

Employers' Liability Insurance-Premiums- Account - Action brought by Lloyd's underwriters against assured claiming that an account be taken and payment be made of any sum found to be due-Policy issued by plaintiffs after negotiations between insurance brokers and defendant - Condition of policy providing: The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wages and salaries and other earnings paid to employees by the assured during each period of insurance. . . . The assured . . . shall supply the underwriters with a correct account of all such wages, salaries and other earnings paid during any period of insurance during one month from the expiry of such period of insurance, and if the total amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the underwriters or by a refund by the underwriters as the case may be.

No account supplied to underwriters- Defendant's allegation that account was sent to brokers (as underwriters' agents).