UNITED MILLS AGENCIES, LTD. v. HARVEY, BRAY & CO.

[1951] 2 Lloyd's Rep. 631

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Insurance brokers - Breach of duty to insure goods for ex port-Negligence- Alleged failure by brokers to carry out clients' instructions-Delay in sending cover note-Loss while in packers' store not covered-Claim against brokers- Duty of brokers-Plaintiffs engaged in export business - Goods insured at Lloyd's through H. & Co. (brokers) under open marine export cover which included "with packers" clause- Refusal by underwriters to renew at similar premium-Defendant brokers (H. B. & Co.) approached by plaintiffs with view to effecting cover-Dispute as to purport of conversations between parties-Cover incorporating Institute Cargo Clauses (All Risks) placed by defendants-"With packers" clause not included-Slight delay in sending cover note to plaintiffs, cover note reaching plaintiffs contemporaneously with notification of fire destroying plaintiffs' goods in store - Claim brought by plaintiffs against defendant brokers alleging (a) failure to effect cover in accordance with plaintiffs' instructions; (b) breach of duty by defendants in failing to warn plaintiffs that goods were not covered while in store; (c) breach of duty by defendants in failing promptly to notify plaintiffs of the cover effected.