DOME MINING CORPORATION, LTD. v. DRYSDALE.

(1931) 41 Ll L Rep 109

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Insurance - Accident to plaintiffs' land gold dredge - Dredge overturned during storm - Claim for total loss - Subsequent alternative claim for partial loss - Payment into Court by underwriters on basis of partial loss - Defence; that claim was false and fraudulent, in that plaintiffs' claim on a total loss basis was made knowing that the dredge was not a total loss, or recklessly, not caring whether the dredge was or was not a total loss - "If the assured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this policy shall become void, and all claim thereunder shall be forfeited" -Incorrect report of condition of dredge signed by plaintiffs' engineer after pressure improperly put upon him by plaintiffs' agent at plaintiffs' request-