WELDRICK v. ESSEX & SUFFOLK EQUITABLE INSURANCE SOCIETY, LTD.
(1949) 83 Ll.L.Rep. 91
KING'S BENCH DIVISION.
Before Mr. Justice Birkett.
Motor insurance - Third-party claim - Accident causing personal injuries to passenger-Award of damages against assured - Right of recovery against insurance company - Construction of policy-"Contract of employment"- Illegality - Immoral consideration - "Notice of the bringing of the proceedings" - Whether insurance company had proper notice - Plaintiff injured while travelling as passenger in car driven by M. and insured with defendant insurance company - Plaintiff awarded damages in action brought against M. - Judgment unsatisfied - Claim against insurance company- Provision in policy that company would not be liable in respect of personal in juries sustained by any person carried in the car
other than a passenger carried by reason of or in pursuance of a contract of employment. . . .
Plea by plaintiff that at the time of the accident she was employed by M. as his housekeeper and secretary - Defence: that plaintiff had not entered into any contract of employment with M.; that if plaintiff did enter into any contract of employment with M., the consideration for such contract was immoral, in that it included cohabitation together as man and mistress, and that therefore such contract was illegal and void; further, that plaintiff at the time of the accident was not in fact travelling by reason of any contract of employment; also, that plaintiff had failed to give, proper notice to the defendants of the proceedings brought against M.-Whether such notice waived by defendants - Road Traffic Act, 1934, Sect. 10 (2).