ROGERSON v. SCOTTISH AUTOMOBILE & GENERAL INSURANCE COMPANY, LTD.

(1930) 37 Ll L Rep 247

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Insurance (motor car) - Third party risks - Declaration claimed by assured that he was entitled to be indemnified by the insurers - "This insurance shall cover the legal liability as aforesaid of the assured in respect of the use by the assured of any motor car (other than a hired car) provided that such car is at the time of the accident being used instead of the insured car" - Insurance of Lancia torpedo-bodied car - Exchange for Lancia saloon car of approximately same value - Whether saloon car being used "instead of" insured car - Held, upon a consideration of the facts, that there could not be implied from the policy any term that the continuance of ownership of the car originally insured was necessary for the continuance of the cover in respect of third party risks; and that the assured was therefore entitled to the declaration claimed.