EVANS v. EMPLOYERS' MUTUAL INSURANCE ASSOCIATION, LTD.

(1935) 51 Ll L Rep 13

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Motor insurance-Claims under policy (1) in respect of car damage; (2) to be indemnified in respect of third-party claims-Sums paid by insurance company to meet car damage-Subsequent repudiation of further liability on ground of misstatements in proposal form-"Q.: For how long has proposer and proposer's driver (i) held a driving licence? (ii) had a practical experience of motor-car driving? A.: Five years"-Estoppel-Authority of company's agent-Whether company had constructive notice of right to repudiate at time when they, by their conduct, represented that the policy was valid-Position of company's employees considered-Whether policy affirmed by reason of retention of premium - Ambiguity - Arbitration - Award that claimant's answer was untrue, but that the company at all material times had knowledge that the answer was untrue, and that that knowledge, being possessed by the company's servants deputed to receive it, must be imputed to the company; and that therefore the company were estopped from repudiating liability.