HAWORTH v. DAWSON AND OTHERS.

(1946) 80 Ll.L.Rep. 19

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Motor insurance-Car hirer's policy-Breach of conditions-Excluded hirers-Waiver- Personal injuries sustained by plaintiff cyclist involved in accident with car driven by first defendant-Car hired by first defendant from second defendants-Car hirer's policy taken out by second defendants with insurance company-Action brought by plaintiff against first and second defendants-Judgment recovered by plaintiff against first defendant- Judgment against second defendants deferred, leave having been given to join insurance company as third defendants- Liability of insurance company under policy-Plea by insurance company that first defendant came within the description of "Excluded hirers," in that his licence had been twice endorsed for speeding offences and he had not undergone a driving test by the second defendants- Allegation by second defendants that they had informed insurance company of such facts and that insurance company had waived the conditions contained in "Excluded hirers" clause-Rood Traffic Act, 1930, Sect. 35 (1)-Road Traffic Act, 1934, Sect, 10.