14 Feb 1984
The court construed the policy wording as not clearly and unambiguously requiring the insured personally to forward every claim document; actual receipt by the insurer of a copy forwarded by a third party satisfied the condition, and therefore the insurer remained liable. The appeal was dismissed on that basis.
21 May 1980
The insurer, by instructing solicitors who entered an appearance and conducted the insured's defence, waived any right to rely on breaches of the policy and is estopped from denying the policy's validity to the plaintiff; therefore the plaintiff can enforce the insurer's liability under s.2 and recover the judgment debt and costs (with interest).
25 Oct 1976
The court held that the policy conditions were incorporated and binding, the insurer had taken over the claim upon receipt of the third party claim and instructing solicitors, the owner and driver unreasonably ignored written requests to attend and assist contrary to condition 2, and therefore the insurer was not liable; judgment entered for the defendant with costs.