Attorney General (Superintendent Reynolds) v Benson

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1939
• Date: 01 January 1939

(Cir. Ct.),

Attorney-General (Superintendent Reynolds)

and

Benson

Comprehensive policy - Insured to bear first £10 in respect of any claim - Proviso in policy for cancellation thereof by notice from insurers - Damage to vehicle exceeding£10 paid for by insurance company -Agreement by insured to pay £10 by instalments -Service of notice of cancellation by insurance company after acceptance of first instalment -Notice irregular - Effect - Policy still in force.

Condition 8 of a policy provided as follows: —"The company may cancel this policy by sending seven days' notice to the insured at his last known address and in such event will return to the insured the premium less the pro rata portion thereof for the period the policy has been in force." A notice, referred to in the above condition, sent by an insurance company to the insured, purporting...