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Lloyd's Law Reports

TATTERSALL v. DRYSDALE.

(1935) 52 Ll L Rep 21

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Motor insurance-Road Traffic Act, 1930, Sect. 36 (4)-Driving with consent of assured - Plaintiff insured with L. Co. in respect of Standard car - Purchase of another car through G & K, motor dealers, Standard car to be accepted by them in part exchange-Plaintiff's car handed over to G & K and sold by them-Loan to plaintiff of Riley car, property of G, director of G & K-G insured with defendant-Provision in G's policy that "the insurance shall extend to indemnify any person who is driving on the assured's order or with his permission in respect of any legal liability as aforesaid" -Claim against plaintiff in respect of accident while driving G's car -Right of plaintiff to indemnity under G's policy-Whether plaintiff entitled to indemnity under his own policy- Effect of Sect. 36(4): "Notwithstanding anything in any enactment, a person issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons."

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