SPRAGGON AND ANOTHER v. DOMINION INSURANCE COMPANY, LTD. DOMINION INSURANCE COMPANY, LTD. v. TOMRLEY (OR TRUNDLE) AND OTHERS.

(1940) 67 Ll.L.Rep. 529

KING'S BENCH DIVISION.

Before Mr. Justice Stable.

Motor insurance - Hirer Driving Policy (Third Party only)-Excluded hirer- Policy issued by insurance company to W. providing indemnity to persons hiring cars from W. who did not come "within the category of excluded hirers"-"No person shall be a hirer within the meaning of this policy until the insured shall have satisfied himself by an actual driving test that the prospective hirer is a qualified, careful and competent driver of motor cars. No person shall be a hirer within the meaning of this policy until he shall have completed a hirer driving proposal form on the form supplied by the company for that purpose. No person shall be a hirer within the meaning of this policy unless he holds a current driving licence which must be the continuation without a break of a driving licence issued at least 12 months prior to the date of the hire and be free from any indorsements. No person shall be a hirer within the meaning of this policy unless immediately on passing the driving test he forwards the completed hirer driving proposal form to the company by registered post"- Proposal form signed by T. (hirer)- Evidence that proposal form was not forwarded to insurance company; that W. took no steps to satisfy himself that T. could drive (beyond the fact that he possessed a driving licence); and that that driving licence had been indorsed -Accident resulting in claims by third parties-Judgment recovered by third parties against T.-Claim by third parties against insurance company- Declaration sought by insurance company that T. was never insured under policy; alternatively, that they were entitled to avoid the policy on the ground of misrepresentation in the proposal form signed by T.-Road Traffic Act, 1934, Sect. 10.