Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KAUFMANN v. BRITISH SURETY INSURANCE COMPANY, LTD.

(1929) 33 Ll.L.Rep. 315

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Insurance (motor car)-Claim-Accident to car while being driven by assured's chauffeur on "private pleasure" - Proposal form covering "private hire" -Proposal form to be the basis of the contract-Knowledge of insurance company's representative that assured wished to cover "private pleasure"- Arbitration-Award in form of special case in favour of assured subject to opinion of Court-Motion to set aside award - Ambiguity - Estoppel-Admissibility of evidence to show, consistently with the language of the policy, what the risk was-Motion dismissed -Award upheld.

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