Coacerning an Insurance Dispute.
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[2059] "REMOVAL CONTRACTORS AND FURNISHERS " write :—" We enclose our Motor Policy in the Ocean Accident and Guarantee Corp., Ltd., and ask you for your decision in this matter. "\V claim that, owing to our motor lorry having accidentally sunk down in the road at Herne Bay on the loth September, when loaded, it broke the castiron oiling rings and gear under the wagon and bent the axle, and thus, being damaged, brought about the breaking of the main crank on the engine. All these things we have found out while the maker's fitter came to put in the new crankshaft. He looked to see why it broke, as they have never had one break before.
" We enclose the company's letters denying liability. We also enclose our driver's report. " The bearing and oil rings were ground up to powder, yet we could see nothing until the fitter came to take the wagon to pieces. "Now, the point we should like decided is whether in your opinion we are covered under this policy or not ? "
Aefswea.—Our opinion on this matter is one which you most take for what it is worth.As members of the Commercial Motor Users Association, which we presume you are, you are entitled to ask the advice of its legal committee in this matter.
In the first place, the fact that your man continued to run the vehicle after the accident causes some of the damage to which you refer to be consequential, and we are of opinion that the insurance company cannot be held liable to that extent.
Sinking into a culvert or had road is certainly not a case of mechanical breakdown, which the company apoears to contend is the case.
We should say that you could recover against the company for the damage sustained so far as it was the immediate result of sinking down in the road, and the immediate result of extricating the wagon, by jacking or otherwise, from that position—provided reasonable and workmanlike care was 'exercised in raising it. We repeat that we are not at all satisfied that you can recover for all the subsequent wear and breakage.
You do not say how long it was after the sinking in that the engine crankshaft broke. You would, of course, be entitled to run the machine a short distance, say, to the nearest repair shop, unless the damage sustained were so bad that it obviously rendered it exnedient to have the machine towed with the engine free.
All claims of this kind are extremely difficult to settle, unless one is sure tha,t all facts and details are appreciated by the party to whom it is referred.