FRASER v. B. N. FURMAN (PRODUCTIONS) LTD., MILLER SMITH & PARTNERS (A FIRM) THIRD PARTY

Abstract

May 10, 1967 Insurance — Employer's liability — Breach by brokers of contract to obtain employer's liability insurance — Damage flowing — Condition precedent in form of policy envisaged that employers should take reasonable precautions to prevent accidents — Accident to employee — Negligence and breach of statutory duty to fence dangerous machine established against employers — Risk not appreciated by employers — Whether employers would have been indemnified by insurers — “Reasonable precautions” — Whether necessary to establish their legal liability to do so — Whether probability of payment as matter of business policy sufficient.