QUEENS BENCH DIVISION
COMMERCIAL COURT
Royal Courts of Justice Strand, London, WC2A 2LL | ||
B e f o r e :
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DRAKE INSURANCE PLC | Claimant | |
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PROVIDENT INSURANCE PLC | Defendant |
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Mr. Robert Moxon-Browne Q.C. and Mr. Alexander Hill-Smith (instructed by Greenwoods) for the defendant
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Crown Copyright ©
Mr Justice Moore-Bick:
Was Provident entitled to avoid its policy?
"Add[itional] Driver 1, Hit by T.P. in rear,
PI No, Fault Yes, £2000 Own cost, £0 TP cost,
NCB Disallowed."
". . . . the process of rescission is essentially the act of the party rescinding, and not of the court. Of course, if matters are disputed, the dispute may have to be determined by the court, and until the decision is given it will not be known whether or not there has been a proper and effectual rescission: but that does not mean that there is no rescission until the court speaks."
Waiver
Was Drake a volunteer?
"GENERAL CONDITIONS
3. If at any time any claim arises under this Policy there is any other existing insurance covering the same loss damage or liability the Company shall not be liable to pay or contribute more than its rateable proportion of such claim . . . . . "
The A.B.I. Dual Indemnity Undertaking