HOLTS MOTORS, LTD. v. SOUTH-EAST LANCASHIRE INSURANCE COMPANY, LTD.

(1930) 37 Ll L Rep 1

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Insurance (motor car)-Action for declaration that certain policies were valid and binding contracts of insurance -Defences (1) that answers in proposal form were untrue; (2) that there was non-disclosure-Car bought on hire purchase system-Joint insurance by owners and hirers-Risk refused by B insurance company; accepted by L insurance company- Expiry-Insurance with defendants- "Has any company or underwriter declined to insure . . . any of your vehicles?"-Held that "your vehicles" included the vehicle under control of plaintiffs under the hire purchase agreement; that a declining to insure by the B company to the owners under the hire purchase agreement came within the ambit of the question, even though the hirers were unaware of that declining; that "declined" should not be construed to mean "declined to the person signing the proposal form"; that an intimation given by the L company before the expiration of their policy that they did not invite renewal was a declining of the risk, in any case that it was a matter which should have been disclosed -Judgment entered for defendants -Appeal dismissed.