DAVEY v. PEARL ASSURANCE COMPANY, LTD.

(1939) 63 Ll L Rep 54

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Clauson and Lord Justice Finlay.

Practice-Motor insurance-Trial of action -With or without jury-Plaintiff injured by motor lorry - Judgment recovered by plaintiff against assured- Action brought by plaintiff against defendant insurance company under Sect. 10 (1) of the Road Traffic Act, 1934-Defence that lorry at time in question was being used for purposes outside the cover provided by the policy and that therefore the insurance company were not liable under the section -Reply by plaintiff that company were estopped by reason of representations made by their agent from saying that the particular risk was not covered -Order of learned Judge, reversing Master, that trial should be by Judge and special jury-Appeal by insurance company-Discretion of learned Judge.