HOLMES v. CORNHILL INSURANCE COMPANY, LTD.

(1948) 82 Ll.L.Rep. 575

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Motor insurance-Misrepresentation-Non-disclosure - Occupation of assured- Materiality-Bookmaker-Exclusion of use by commission agents - Right of insurers to avoid policy-Car belonging to H. insured with C. Co.-Collision with lorry-Injuries sustained by passenger in car-Damage to car and lorry -Claim by H. to indemnity under policy-Avoidance of policy by C. Co. -Arbitration-Findings of arbitrator that H. was a bookmaker and that accident occurred on way to races; that H. was aware that C. Co. would not insure bookmakers; that H. falsely represented in his proposal form that he was a dealer; that proposal form was made basis of contract and was incorporated in policy; that certificate of insurance excluded use by commission agents wholly or partly for their business purposes; and that expression "commission agent" meant and included "bookmaker"-Award in favour of C. Co.-Case stated.