Emergency Driver Not Covered
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SOUTHPORT magistrates decided last week that an insurance policy, stated to be comprehensive, issued to a director of a furnishing company, did not cover the brother of the assistant manager of the concern who took over driving in an emergency.
Orme Fitzgerald Singleton, assistant manager of it xfords, Ltd., Chorley, was summoned for permitting his brother to drive a vehicle when such use 'as not covered by the insurance policy. It was stated that the defendant covered a large territory in the supervision of shops and was given sole charge of the vehicle.
Singleton contended that the terms of the fleet insurance policy allowed him to permit his brother to drive in the emergency which arose when he, the defendant, was ill. Defendant said that he had never seen the policy, but understood that it was comprehensive and covered anybody who held. a driving licence.
The prosecution maintained that the only person who could delegate authority to drive a vehicle was Major Rubin, a director of the company, to whom the policy had been issued.
In a considered decision, the magistrates held that the insured person under the policy was Major Rubin. The vehicle was not driven by Singleton's brother with Major Rubin's permission. hence, Singleton had committed an offence. The magistrates were not prepared to accept the contention that the defendant could authorize his brother to drive in an emergency, as the policy contained no provision to cover emergencies.
Mr. W. H. Bellis. defending, said that as this interpretation of the policy would be of some importance, he thought his client would have to consider the question of an appeal.