RICHARDS v. COX.

(1942) 73 Ll.L.Rep. 135

KING'S BENCH DIVISION.

Before Mr. Justice Oliver.

Solicitor - Negligence - Motor insurance - Personal injuries sustained by plaintiff in motor accident-Plaintiff, a passenger, and driver in same employ-Negligence of driver-Driver covered under policy issued to employer-Policy covering (inter alia) third-party liability - "Provided always that the [insurance company] shall not be liable in respect of . . . (b) Death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment. (c) Death of or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or getting on to or alighting from such vehicle at the time of the occurrence of the event out of which any claim arises" -Claim put in hands of defendant solicitor-Advice given by defendant's clerk that the policy did not provide indemnity for a common law claim brought by the plaintiff and that plaintiff should accept damages on a workmen's compensation basis - Claim against insurance company settled on that basis-Action for damages brought by plaintiff against defendant, alleging that plaintiff was negligently advised in the proper action to take-Construction of policy.