Walton J. considered whether that provision had any application in the case of liability coverage. He said [p. 627]: Applying this to the present case, it is necessary to look at the description of the risk undertaken by the underwriters in order to determine whether that part of the printed form which is called the suing and labouring clause has any application or forms part of the contract. A somewhat similar question had to be decided in Xenos v. Fox. [(1) (1869) L.R. 4 C.P. 655.] The question which arose in that case was whether the suing and labouring clause applied to that part of the policy called "the running down clause," by which the underwriters undertake to indemnify the owner of the vessel insured from liability which he may incur to the owners of other vessels with which the vessel insured may be negligently brought into collision. It was held that the suing and labouring clause had no application to such a contract of indemnity contained in a policy on ship. The decision would have been the same if the policy had covered nothing but the risk of liability for collision.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.