ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD. v. MORRISON AND OTHERS.

(1942) 72 Ll L Rep 167

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Goddard.

Motor insurance - Non-disclosure - Misrepresentation - Answers in proposal form- Avoidance of policy- Notice to third party- Policy taken out by M. with plaintiff company - Accident while being driven by L. with consent of M.- R. killed- Judgment recovered by R.'s widow (third party) against L. - Right to indemnity under policy- Action brought by plaintiffs against M., L. and third party for declaration that they were entitled to avoid policy on ground of misrepresentation and non-disclosure- Notice served on third party containing particulars of misrepresentation and non-disclosure - Right of plaintiffs to rely upon further particulars of non-disclosure contained in amendment to statement of claim made more than seven days after commencement of action- "Q.: Have you [M.] driven cars regularly and continuously in the United Kingdom during the past 12 months? A.: Yes. Q.: How long have you driven motor cars? A.: Three years"- Evidence of previous driving experience of M., though not on highway - Non-disclosure of facts by M. that he had failed to pass driving test, and that he had held provisional licences only- Evidence that both previous (with another company) and present policies contained a £5 excess clause (applicable to an inexperienced driver)- Facts to be proved by insurers in action for rescission - Road Traffic Act, 1930, Sect. 36 - Road Traffic Act, 1934, Sects. 10, 12.