REVELL v. LONDON GENERAL INSURANCE COMPANY, LTD.

(1934) 50 Ll L Rep 114

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Motor insurance-Accidents involving injuries to third parties-Claim by assured for declaration that defendant insurance company were liable to indemnify her (assured)-Defence that company were entitled to avoid policy on ground of untrue answers in proposal form-"Q.: Have you or any of your drivers ever been convicted of any offence in connection with the driving of any motor vehicle? A.: No"- Driver in fact previously convicted (1) of unlawfully driving a car without a suitable reflecting mirror; (2) of unlawfully using a car without having in force an insurance policy covering third-party risks-Ambiguity-Further defence by company that any right to indemnity was forfeited by reason of a breach of a policy condition providing for forfeiture if the action was not commenced by the assured within three months of rejection of claim- Action not commenced until twelve months after rejection of claim- Validity-Road Traffic Act, 1930, Sects. 36, 38.