RICHARDS v. COX.

(1942) 74 Ll.L.Rep. 23

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Goddard.

Solicitor - Negligence - Motor insurance - Personal Injuries sustained by plaintiff in motor accident - Plaintiff, a passenger, and driver in same employ - Negligence of driver - Driver covered under policy issued to employer - Policy covering (inter alia) third-party liability "Provided always that the [insurance company] shall not be liable in respect of . . . (b) Death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment. (c) Death of or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or getting on to or alighting from such vehicle at the time of the occurrence of the event out of which any claim arises. . . . (2) In terms of and subject to the limitations of and for the purposes of this section the company will treat as though he were the insured any person who is driving such vehicle on the insured's order or with his permission provided . . . (b) that such person shall as though he were the insured observe fulfil and be subject to the terms, exceptions and conditions of this policy in so far as they can apply" - Claim put in hands of defendant solicitor - Advice given by defendant's clerk that the policy did not provide indemnity for a common law claim brought by plaintiff and that plaintiff should accept damages on a workmen's compensation basis - Claim against insurance company settled on that basis - Action for damages brought by plaintiff against defendant, alleging negligent advice as to the proper action to take - Construction of policy.