Roper against Lendon
| Jurisdiction | England & Wales |
| Judgment Date | 30 April 1859 |
| Date | 30 April 1859 |
| Court | High Court |
English Reports Citation: 120 E.R. 1120
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 28 L. J. Q. B. 260; 5 Jur. N. S. 491. Distinguished, Elliott v. Royal Exchange Assurance Company, 1867, L. R. 2 Ex. 243. Referred to, Edwards v. Aberayron Mutual Ship Insurance Society, 1876, 1 Q. B. D. 594. Distinguished, Viney v. Bignold, 1887, 20 Q. B. D. 176.
kopek against lendon. Saturday, April 30th, 1859. Declaration against defendant, secretary of an insurance Company, on a policy of insurance against fire, effected by plaintiff with the Company. The declaration set out the policy, which was declared to be granted subject to certain conditions indorsed thereon : the fifteenth condition being as follows. " All persons insured by this Company, sustaining any loss or damage by fire, shall forthwith give notice thereof to the directors or secretary of this Company, at their office in M.; and, within fifteen days after such fire, deliver in as particular an account of their loss or damage as the nature of the case will admit of." " In ease any difference or dispute shall arise between the insured and the Company, touching any loss or damage, or otherwise in respect of any insurance, such difference shall be submitted to the judgment and determination of two indifferent persona as arbitrators, of whom one shall be chosen by this Company, and the other by the insured; and such two arbitrators shall, previously to entering upon the reference, agree upon and nominate a third person to be an arbitrator with them; and the award in writing of any two of the three arbitrators so chosen shall be conclusive and binding on all parties ; and if any fraud or false swearing shall appear on the part of the insured, and the same shall be certified in writing by any two of the said arbitrators, the party insured shall forfeit all claim under the policy." The declaration then averred a loss by fire, during the continuance of the policy, to the full amount insured ; that plaintiff had done all things, and all things had happened and all times had elapsed, to entitle him to have such loss made good by the Company; of which the Company had notice, but did not make good the loss.-Plea 2. That plaintiff did not forthwith give notice of, or within fifteen days after the fire deliver an account of bis supposed loss or damage by fire, as required by the policy and condition in that behalf.-Plea 6. That this action is brought for and in respect of a difference and dispute between the insured and the Company, touching the said loss and damage, within the meaning of the fifteenth of the conditions indorsed on the policy; and that the Company have never declined, but have always been ready to refer such difference and dispute to the judgment and determination of two indifferent persons as arbitrators, in manner provided by the said...
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