TAYLOR AND ANOTHER v. EAGLE STAR INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 136

KING'S BENCH DIVISION.

Before Mr. Justice Macnaghten.

Motor insurance-Non-disclosure - Policy taken out by N. with E. Co. covering third-party liability-Accident resulting in third-party claims-Assignment by assured to third parties of rights under policy - Liability of E. Co. - Question and answer in proposal form: "4. Have you or has your driver been convicted of any offence in connection with the driving of any motor vehicle? A.: No"-Condition of policy providing that "if the insured shall have made any wilful misstatement in the said written proposal . . . this policy shall become void and all claims hereunder shall be forfeited"-Evidence that assured had been convicted of certain drinking offences and that he had also been convicted upon charges of permitting a car to be used without a policy of insurance and of driving a car with no road fund licence in force - Materiality-Arbitration-Case stated.