Max (Contractors), Limited v Rex
Max (Contractors), Limited v Rex (Criminal Appeal No. 174 of 1950) [1950] EACA 70 (1 January 1950)
The court held that the insurance policy was not in force in respect of the unqualified driver because the policy only covered persons permitted under licensing laws to drive. The owner's ignorance of the driver's lack of a Certificate of Competency was immaterial due to the strict wording of the policy, which did not require knowledge of disqualification for coverage to be excluded. The English case cited by the appellant was distinguished on the basis that the policy there required knowledge of the driver's lack of qualification, whereas the present policy did not. Therefore, the defendant…
Source excerpt
- Motor Vehicle Insurance
- Third Party Risks
- Policy Coverage
- Driver Qualification