IZZARD v. UNIVERSAL INSURANCE COMPANY, LTD.

(1937) 58 Ll.L.Rep. 121

HOUSE OF LORDS.

Before Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Wright and Lord Roche.

Motor insurance-Third party-Passenger -Insurance of lorry with defendant company under "Commercial Motor Vehicle Policy"-"Is passenger risk to be covered? No"-"Warranted used only for general haulage and other trades"-"The company will indemnify the insured against liability at law for compensation and claimant's costs and expenses in respect of: Death of or bodily injury to any person caused by or arising out of the use of any vehicle described in the schedule. Provided always that the 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"-Contract between insured and I B Ltd. for haulage work and conveyance of workmen-I employed by I B Ltd, under contract of employment - Conveyance of I by insured lorry-Accident causing death

of I - Plaintiff, dependant of I, awarded judgment against insured- Bankruptcy of insured - Claim by plaintiff against defendant company under Third Parties (Rights against Insurers) Act, 1930-Whether I being carried "by reason of or in pursuance of a contract of employment" within the meaning of the proviso - Arbitration - Award in favour of plaintiff-Case stated-Construction of policy where express terms of policy are inconsistent with proposal form conditions-Road Traffic Act, 1930, Sects. 35 (1), 36 (1) (b) (i), (ii).