BONHAM v. ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 64

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Motor insurance-Hiring-Policy taken out by claimant with Z. Co.-"Description of use: Use for social domestic and pleasure purposes and use by the insured in person in connection with his business or profession as stated in the Schedule hereto excluding:-use for hiring . . ."-Car used for transit to and from place of work -Three passengers regularly carried to and from same place of work-Accident resulting in death of passenger-Judgment recovered against claimant-Right to indemnity from Z. Co.-Arbitration- Findings of arbitrator that two of passengers habitually and voluntarily offered railway fare to claimant, which he accepted, and that the third paid nothing; and that claimant would still have used his car for the journey and would have carried such passengers had they paid nothing-Whether "use for hiring" included carriage of passengers "for hire or reward"-Warranty that car would not be used for hire or reward- Award that claimant was using the car for hiring in violation of the terms and conditions of the policy-Case stated-Road Traffic Act, 1930, Sects. 36 (1) (b) (ii), 61, 67, 72.