The appellant insurance company appealed a decision regarding the cancellation of an insurance policy.
The Court of Appeal found that the trial judge misapprehended the evidence regarding the calculation of a premium refund.
The uncontradicted evidence showed that the insured requested the cancellation of the policy due to dissatisfaction with the broker.
The Court concluded that the entire policy, including the completed operations hazard provision, was cancelled.
The appeal was allowed and the application dismissed.