EVANS v. EMPLOYERS' MUTUAL INSURANCE ASSOCIATION, LTD.

(1935) 52 Ll L Rep 51

COURT OF APPEAL.

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

Motor Insurance-Claims under policy: (1) in respect of car damage; (2) to be indemnified in respect of third-party claims-Sums paid by insurance company to meet car damage-Subsequent repudiation of further liability on ground of misstatements in proposal form-"Q.: For how long has proposer and proposer's driver (i) held a driving licence? (ii) had a practical experience of motor car driving? A.: Five years" -Information contained in claim form filled up by claimant and addressed to company at their request that the assured had been driving for only six weeks-Knowledge of company through their employee deputed to receive and deal with such information-Whether company had constructive notice of right to repudiate at time when they, by their conduct, represented that the policy was valid-Position of company's employees considered-Arbitration -Award that claimant's answer was untrue, but that the company at all material times had knowledge that the answer was untrue (that knowledge, being possessed by the company's servants deputed to receive it, must be imputed to the company); and that therefore the company were estopped from repudiating liability - Case stated.