Valued or Open Policy – Proof – Bill of Lading – Interest.- Insurance for andpound;1000, on ship and cargo, lost on her voyage from Virginia to Barbadoes. The son of the insured was master. The policy proceeded on false information of the value sent by the son to the insured, but without the latters knowledge. The Court of Session held, that the bill of lading was not good evidence of the value and quantities of goods. The question was, Whether he was entitled to recover the sum named in the policy, or the real value of the ship and cargo only. Held, reversing the judgment of the Court of Session, that be was entitled to recover the sum of andpound;1000 named in the policy; also to recover interest thereon.
[1773] UKHL 2 – Paton – 297
Bailii
Scotland, Insurance
Updated: 13 January 2022; Ref: scu.561817
