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Lloyd's Law Reports

SCHWENSEN v. ELLINGER, HEATH, WESTERN & CO.

(1949) 83 Ll.L.Rep. 79

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Insurance brokers - Agency - Alleged appointment of sub-agents-Account- Plaintiff (a Danish national) appointed as representative of American insurance company to handle their reinsurance business in Europe-Outbreak of war in Europe-Risk of Germans occupying Denmark-Steps taken by plaintiff to ensure that American business would continue to be handled-letter written by plaintiff to defendants (though not received) authorizing them

to handle the [American company's] correspondence, accounts, etc., on my behalf in case Denmark should be invaded by a foreign power and thus preventing me from operating from [Denmark] the [American company's] affairs as far as reinsurance is concerned . . .

Letter put in as evidence of plaintiff's intention - Ambiguity - Agreement between defendants and American company that defendants would

operate the portfolio temporarily until [plaintiff] is in a position to take it over again . . .

Whether defendants were appointed as plaintiff's sub-agents for American business-Claim by plaintiff for an account of moneys received by defendants as sub-agents in respect of such business.

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