SUTCH v. BURNS.

(1943) 76 Ll L Rep 203

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Motor insurance-Third-party risks-Liability of underwriters - Third-party policy covering lorry belonging to C. Ltd.- Compliance with Sect. 35 (1) of R.T.A., 1930-Lorry driven by W.-Delivery of rolls of paper to premises of M. Ltd.-W. requested by foreman of M. Ltd. to load up with other rolls of paper and take them to premises of M. Ltd. on other side of road, S. and others (employees of M. Ltd.) riding on lorry-S. thrown off and killed -Action brought by widow against C. Ltd. and W.-Judgment entered against W.-Action against C. Ltd. dismissed on ground that W. in allowing S. and others to ride on lorry was acting outside the scope of his employment- Judgment against W. unsatisfied- Present action brought by widow on policy-Plea by underwriters that driver was only covered if driving in such circumstances as would make his employers liable-"A person issuing a policy of insurance under [Sect. 36 of the R.T.A., 1930] 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"- Policy required to cover "such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the vehicle on a road"- R.T.A., 1930, Sects. 35 (1), 36 (1), (4).