Presidential Insurance Company Ltd v Mohammed and others

Insurance – Motor insurance. The principal issue in an appeal from the Court of Appeal of Trinidad and Tobago was whether the Motor Vehicles Insurance (Third-Party Risk) Act of 1933 enabled someone who had suffered property damage caused by a motor vehicle accident to obtain indemnity from the vehicle owner's insurers when the driver, who had caused the damage, had not been not authorised by the insurance policy to drive the vehicle. The Privy Council, in allowing the insurer's appeal, held that the Act did not prevent the insurer from arguing that the terms of its insurance policy did not cover a claim where the driver of the vehicle had been unauthorised. Accordingly, the Court of Appeal had erred when it struck out Presidential's defence. The case was remitted to the High Court for reconsideration.

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