Osler, Q.C., for the appellants. The judgment appealed from proceeds upon an erroneous assumption as to the nature of the plaintiffs’ employment. Plate glass insurance is entirely distinct from accident insurance. It is true that accident is an element in all kinds of insurance, but the insurance of plate glass is not properly comprehended in the term accident insurance. A contract of agency does not imply exclusive service and to obtain the exclusive right to an agent’s service, there must be a distinct agreement: Thompson v. Havelock, 1 Camp. 527. The evidence here is that the plaintiffs refused to accede to such a stipulation.
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