Lord Wright:-

The appellants claimed in this action as assured under a floating policy of marine insurance dated 19th December 1929, upon shipments of rice imported by the appellants to their rice mills in British Columbia, as from time to time declared under the policy. The policy covered (among other risks) perils of the seas, and also, under what are often described as the general words, all other perils, losses and misfortunes that have or shall come to the hurt or damage of the subject-matter of the insurance. The goods were warranted free of particular average under 3 per cent. on each package. The seaworthiness of the ship as between the assured and the assurers was admitted. Under this policy the appellants duly declared a full cargo of 50,600 bags of rice weighing 5080 tons shipped on or about 23rd April 1936, in the motor vessel and at RangoonfortheirdockontheFraserRiver.Thebagswerevaluedinallat$191,922.Includedintheshipmentsodeclaredwere7500bagsofbrownricevaluedat$30,798marked163and102.TheshipperswereBlackwoodRalliand Segundo" at Rangoon for their dock on the Fraser River. The bags were valued in all at $191,922. Included in the shipment so declared were 7500 bags of brow