22 Oct 1993
EURO-AMERICA INSURANCE LIMITED v. SPEEDBIRD TOURS LIMITED
- Citation
- EURO-AMERICA INSURANCE LIMITED v. SPEEDBIRD TOURS LIMITED
- Court
- Court of First Instance
- Case number
- HCA6915/1992
Condition 6 was construed as relating to civil claims and did not encompass a guilty plea in criminal proceedings; condition 5 did not impose an obligation on the insured to forward or ensure forwarding of a summons received solely by a permitted driver where the insured lacked knowledge; on the facts the defendant did not know of the summons and did not breach the policy; consequently insurer not entitled to repudiate nor to recover the $65,000 payment or expenses and the plaintiff's claims were dismissed.