Thomas J Furey v The Eagle, Star and British Dominions Insurance Company

• Jurisdiction: Ireland
• Court: Court of Appeal (Ireland)
• Judgment Date: 01 January 1922
• Date: 01 January 1922

C. A., S. I.,

Thomas J. Furey

Appellant

The Eagle, Star and British Dominions Insurance Co.

Respondents

New trial motion - Motor car insurance accident policy -Particulars in proposal - Warranty - Agency.

Where a proposal in writing for the insurance against accident of a motor char-a-banc was made and signed with a warranty that the statements and particulars therein contained were true, and where reference therein was made to a previous accident in 1920, and a statement that damage to cattle belonging to third parties was measured at £80, but it was not stated that there had been any damage to the car. It was proved at the trial that a sum of £45 had been paid for injury to the car, as well as a sum of £70 for injury to cattle. Held, that this was a wilful misstatement invalidating the policy. Semble, it is the duty of a proposer for an accident policy to state the accidents he has had in driving, whether he was driving on his own account or on behalf of other persons.

C. A., S. I.,

Thomas J. Furey

Appellant

The Eagle Star and British Dominions Insurance Co., Ltd.

Respondents

Plaintiff an arranging debtor - Stay of execution pending result of appeal.

Where upon hearing of an appeal for a...