LLOYDS BANK, LTD. v. EAGLE STAR INSURANCE COMPANY, LTD.
[1951] 1 Lloyd's Rep. 385
KING'S BENCH DIVISION.
Before Mr. Justice Jones.
Accident insurance - Exclusions under policy - "Over the age of 65 years" - Death - Personal injuries - Motor insurance policy issued by defendant company to R. containing "Personal Accidents" clause by which company agreed to pay
If the insured shall sustain any personal injury caused by violent accidental external and visible means whilst mounting into, whilst riding in or whilst alighting from any private motor car whilst such motor car is being used for private or business purposes (as defined in the schedule hereto) and if such injury shall be the sole, direct and immediate cause within ninety days of the occurrence of such injury of:-
(a) death of the insured, the sum of £1000 . . .
Provided always that under this clause (No. 4) the company shall not be liable to pay compensation in respect of personal injuries sustained by or happening to the insured if under the age of 16 years or over the age of 65 years . . .
Personal injuries sustained by R. in motor accident, resulting in his death within 90 days - Claim by executors to recover under policy - Whether proviso as to age was confined to liability for personal injuries, or extended to case of death - Meaning of "over the age of 65 years" - Submission that R., not having attained his 66th birthday, was not "over the age of 65 years" - Construction of policy.