SPRAGGON AND ANOTHER v. DOMINION INSURANCE COMPANY, LTD. DOMINION INSURANCE COMPANY, LTD. v. TOMRLEY (OR TRUNDLE) AND OTHERS.
(1941) 69 Ll.L.Rep. 1
COURT OF APPEAL.
Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice MacKinnon, and Lord Justice du Parcq.
Motor insurance - Hirer Driving Policy (Third Party only)-Excluded hirer- Policy issued by insurance company to W. providing indemnity to persons hiring cars from W. who did not come "within the category of excluded hirers"-"No person shall be a hirer within the meaning of this policy until the insured shall have satisfied himself by an actual driving test that the prospective hirer is a qualified, careful and competent driver of motor cars. No person shall be a hirer within the meaning of this policy until he shall have completed a hirer driving proposal form on the form supplied by the company for that purpose. No person shall be a hirer within the meaning of this policy unless he holds a current driving licence which must be the continuation without a break of a driving licence issued at least 12 months prior to the date of the hire and be free from any indorsements. No person shall be a hirer within the meaning of this policy unless immediately on passing the driving test he forwards the completed hirer driving proposal form to
the company by registered post"- Proposal form signed by T. (hirer)- Evidence that proposal form was not forwarded to insurance company; that W. took no steps to satisfy himself that T. could drive (beyond the fact that he possessed a driving licence); and that that driving licence had been indorsed -Accident resulting in claims by third parties-Judgment recovered by third parties against T.-Claim by third parties against insurance company- Declaration sought by insurance company that T. was never insured under policy; alternatively, that they were entitled to avoid the policy on the ground of misrepresentation in the proposal form signed by T.-Authority of W. to represent to hirers that they were insured-Road Traffic Act, 1934, Sect. 10.