TRICKETT v. QUEENSLAND INSURANCE COMPANY, LTD., AND OTHERS.

(1935) 53 Ll L Rep 225

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Alness, Lord Roche and Sir Sidney Rowlatt.

Motor insurance - Exceptions clause - Accident involving death of driver -Claim by appellant assignee under policy - Contention by respondent insurance company that they were exempted from liability by reason of following clause: "No liability shall attach to the company under this policy in respect of any loss, damage, or liability occurring or any personal accident to the insured occurring: (1) While any motor vehicle in connection with which indemnity is granted under this policy is: (e) Being driven in a damaged or unsafe condition"- Insured car without lights at time of accident-Whether knowledge of driver as to unsafe condition was essential in order that insurers might escape liability - Ambiguity - Warranty of roadworthiness - Whether continuing throughout journey.