DUNN v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1933) 45 Ll.L.Rep. 276

KING'S BENCH DIVISION.

Before Mr. Justice Avory and a Special Jury.

Motor insurance - Non-disclosure - Claim by plaintiff assured in respect of death of her husband by accident while driving plaintiff's car-Car given to plaintiff by husband-Insurance effected on plaintiff's behalf by husband as agent of defendant company-Proposal form signed by plaintiff in her maiden name -Evidence that had defendants known that plaintiff was a married woman they would have taken steps to ascertain who her husband was; and that her husband was in fact a bad risk- "Have you or your Driver during the past five years been convicted of any offence in connection with the driving of a motor vehicle?-No"-Whether question referred only to person in plaintiff's employ-Car driven by husband for business purposes both before and after insurance effected