Dorfner v Ryan [1977] JLR 157 (25 November 1977)

Dorfner v Ryan [1977] JLR 157 (25 November 1977)

A policy limited to the insured and employees precludes the insured from permitting any other person to drive, and the vehicle is not 'in charge' of the insured merely because the insured is present when another person is driving.

Citation
[1977] JLR 157
Parties
Plaintiff: Dorfner; Defendant: Ryan
Jurisdiction
Jersey
Judgment Date
25 November 1977
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Permitted Driver Under Insurance Policy, Scope of Insurance Coverage, Liability for Unauthorized Driver
Insurance Law Road Traffic Law Permitted Driver Under Insurance Policy Scope of Insurance Coverage Liability for Unauthorized Driver

Case Brief

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Parties

Dorfner

Plaintiff

Ryan

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an insurance policy limited to the insured and employees precludes the insured from permitting any other person to drive
  2. 2 Whether a vehicle is 'in charge' of the insured if the insured is present when another person is driving

Ratio Decidendi

A policy limited to the insured and employees precludes the insured from permitting any other person to drive, and the vehicle is not 'in charge' of the insured merely because the insured is present when another person is driving.

Court Disposition

Claim dismissed