STONE v. LICENSES & GENERAL INSURANCE COMPANY, LTD.

(1941) 71 Ll.L.Rep. 256

KING'S BENCH DIVISION.

Before Mr. Justice Birkett.

Motor insurance-Arbitration-Motion by insurance company that award should be remitted to arbitrator for further consideration - Insurance of lorry - Warranty by assured that the lorry "whilst being used for hire or reward is used exclusively for the purpose of . . . . H.L. Cabinet Works"-Destruction by fire after accident on road- Lorry being used by driver not only for purpose of H.L. Cabinet Works but also for carriage of rubber shoes (for his own profit and without the knowledge of assured)-Debris of lorry sold upon instructions of insurance company-Company fully informed of facts - Repudiation of liability by company, proceeds of sale being sent by company (by own cheque) to assured -Award that there had been a breach of warranty of user by the assured, but that that breach had been waived by the insurance company; and that therefore the assured was entitled to recover under their policy-Case stated- Contentions by insurance company: (1) that there was no evidence justifying the award; (2) that arbitrator had not made sufficient findings of fact to enable the Court to come to a proper conclusion.