ROGERSON v. SCOTTISH AUTOMOBILE & GENERAL INSURANCE COMPANY, LTD.

(1931) 41 Ll L Rep 1

HOUSE OF LORDS.

Before Lord Buckmaster, Lord Warrington of Clyffe, Lord Russell of Killowen and Lord Macmillan.

Insurance (motor car) - Third party risks - Declaration claimed by assured that he was entitled to be indemnified by the insurers - "This insurance shall cover the legal liability as aforesaid of the assured in respect of the use by the assured of any motor car (other than a hired car), provided that such car is at the time of the accident being used instead of 'the insured car'" - Insurance of Lancia torpedo-bodied car - Exchange for Lancia saloon car of approximately same value and power - Whether saloon car being used "instead of" insured car-