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.