ANGLO-AFRICAN MERCHANTS, LTD., AND EXMOUTH CLOTHING COMPANY, LTD. v. BAYLEY

[1969] 1 Lloyd's Rep. 268

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Megaw

Insurance-All risks-Non-disclosure-Waiver - Army surplus jerkins (20 years old) described as "New Men's Clothes in Bales for Export" - Whether misrepresentation and/or non-disclosure of material facts- Meaning of "New"-Whether underwriters put on inquiry. Insurance-Broker-Whether agent for assured and/or underwriter-Claim for loss of goods avoided by underwriters on grounds of non-disclosure -Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to insured-Whether established practice would be upheld by Court. Agency-Insurance broker-Whether agent for assured and/or underwriters - Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to assured-Effect of custom in insurance market.