The appellants, an English firm, insured their stock of jewellery with the respondent under a policy covering ‘loss of, damage, or misfortune to the property.’ Previous to 22nd July 1914 the appellants consigned part of their stock to customers in Brussels and Frankfort on sale or return. By reason of the outbreak of war with Germany and the occupation of Brussels by the Germans the return of the goods became temporarily impossible. There was evidence that the goods remained in the possession of the consignees or their bankers. Held that the goods were not lost, and that the doctrine of constructive loss applicable to marine policies does not apply to other policies of insurance.
Judges:
Lords Atkinson, Parker, Parmoor, and Wrenbury
Citations:
[1917] UKHL 533, 55 SLR 533
Links:
Jurisdiction:
England and Wales
Insurance
Updated: 19 August 2022; Ref: scu.631014
