MERCHANTS' & MANUFACTURERS' INSURANCE COMPANY, LTD. v. HUNT AND OTHERS.

(1940) 67 Ll.L.Rep. 517

KING'S BENCH DIVISION.

Before Mr. Justice Stable.

Motor insurance-Non-disclosure-Avoidance of policy-Policy issued by plaintiff insurance company to H.- Accident involving injuries to third parties (T.) while car being driven by H.'s son-Claim made by T. against H. -Declaration sought by plaintiffs that they were entitled to avoid policy on ground of non-disclosure and misrepresentation in proposal form- "Q. 3: Will the car be used (a) Solely for social, domestic, and pleasure purposes, as Class 1? A.: Class 1. Q. 7: (a) Who will usually drive the car? A.: Myself. (b) How long have you and the usual driver been licensed to drive a motor car in the United Kingdom? A.: 28 years. (c) Have you and the usual driver been driving frequently in the United Kingdom during the whole of the past twelve months.? A.: Continuously. (d) Have you or any person who to your knowledge will drive the car ever been convicted of an offence in connection with a motor vehicle or motor cycle, or is any prosecution pending? A.: No. Q. 8: Will the car be driven by any person (a) under 21? A.: No"-Materiality of questions- Provision in policy "That nothing in this policy or in any endorsement thereon shall affect the right of any person indemnified by this policy or of any other person to recover an amount under or by virtue of the provisions of the . . . Road Traffic Act, 1934, Sect. 10 and Sect. 12"-Construction- Contra proferentes doctrine - Road Traffic Act, 1934, Sects. 10, 12.