Flynote and Headnote
[1] Insurance - Motor insurance - Proposal form - Declaration of warranty - Requirement to give notice of alteration of risk - Policy construed.
A declaration at the foot of a proposal form for motor insurance that the proposer would give notice to the insurer "of any alteration of the risk herein" and that "subject to such notice the payment of each renewal premium shall be considered to have re-affirmed the 15 answers" in the proposal form, only requires the insured to give notice of accidents which alter the risk.
[2] Insurance - Motor insurance - Proposal form - Declaration of warranty - Alteration of risk during currency of policy - A question of fact in each case.
20 On the wording of the above clause, whether the risk is altered during the currency of the policy is a question of fact which is not dependent on the insurer's decision. The insured is not required to report every accident to the insurers for their decision as to whether or not it alters the risk. 25
[3] Insurance - Motor insurance - Exclusion clause - Excluded use - Use by unauthorised third parties - Insurers remain liable.
The insurer will remain liable on a motor policy which excludes from risk use "for the carrying of explosives" or "for any unusual or specially hazardous purpose" where such use is made by third 30 parties who have stolen the vehicle and are using it unauthorised by the insured.
[4] Insurance - Motor insurance - Exclusion clause - "Use for carrying explosives" - Explosives attached to chassis to destroy vehicle - Not "carrying explosives".
35 Use "for the carrying of explosives" does not include circumstances where the explosives have been attached to the chassis of the vehicle for the purpose of destroying it.
[5] Insurance - Motor insurance - Exclusion clause - Destruction of vehicle by armed men - "Hostilities or warlike operations" construed.
40 The deliberate destruction of an insured vehicle (with a view to destroying a road bridge at the same time) by an organised body
of armed men, whether the official or unofficial forces of a neighbouring state or freedom fighters or guerillas, is within the meaning of the phrase "hostilities or warlike operations".
