LIBERIAN INSURANCE AGENCY INC. v. MOSSE

[1977] 2 Lloyd's Rep. 560

QUEEN'S BENCH DIVISION

Before Mr. Justice Donaldson

Insurance (Marine)-Non-disclosure-Enamelware described as "cups and plates in wooden cases" insured for voyage from Hong Kong to Monrovia-Goods damaged-Claim for indemnity-Repudiation by insurer of liability on ground of non-disclosure-Large part of consignment packed in cartons-Large proportion of goods touched up by overpainting-Cargo an end of stock or job lot purchase-Whether facts material-Whether disclosure waived-Effect of "held covered" clause-Whether insurer liable- Institute Cargo Clauses (All Risks). Quasi-contract-Indemnity-Discharge by plaintiffs of defendant's liability to third party-Claim by plaintiffs against defendant for indemnity- Requirements to be satisfied.