Board of Management of the Agricultural Bank of Tasmania v Brown [1957] HCA 57

97 C.L.R.] OF AUSTRALIA. 503

{HIGH COURT OF AUSTRALIA.]

THE BOARD OF MANAGEMENT OF THE AGRICULTURAL BANK OF TASMANIA > AppELiants ; AND OTHERS

PLAINTIFFS,

AND

BROWN . é 0 es 9 3 ¢ RESPONDENT. DEFENnpant,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA.

Marine Insurance—P olicy—Endorsement—Construction—Endorsement giving cover for named period " whilst" vessel " engaged in pile-driving work "—Whether

vessel engaged in such work while returning to home port after fulfilment by

owners of pile-driving contract—Further provision by endorsement for increase in amount insured " for the above-mentioned period only "—Whether increased

amount payable on loss of vessel within period but not while engaged in pile-

driving work.

icy of marine insurance covered a vessel and specified equi : A policy P chip McTiernan,

therein against total or constructive total loss as the result of usual and Var specified risks from 24th March 1950 until 24th March 1951. 'The sum insured Yullagar and was £4,200, By the conditions of the policy the insurer warranted that the 7#8"°F7¥- vessel would not "undertake towage or salvage service under a contract

previously arranged". On 5th September 1950 an endorsement was issued

in the following form : "To attach to and form part of Endorsement No. 5723

Lxoyn's Policy No. TM3507. Dated 5th September, 1950, Insured:

Boarp oF MaNacument or Ti AGRIcuLTURAL BaNx AND Mussrs, LaNcrorp

Bros. In consideration of an additional premium having been paid the within

mentioned vessel is covered for the period 5th September 1950 to 5th Novem-

ber 1950 inclusive, whilst engaged in Pile Driving and salvage work. It is

farther noted and allowed that the sum insured is increased to £8,200 for the above-mentioned period only. Subject, nevertheless, to the terms, conditions

and stipulations of the within mentioned Policy."