THIRD PARTY RISK

Taranaki Daily News, 3 August 1932, Page 6

THIRD PARTY RISK

AN APPARENT DEFECT. NEGLIGENT DRIVER’S DEATH. The opinion that the third party cover under the Motor Vehicles Insurance Act, 1928, was not absolute, as believed by .motoring associations, is expressed in a letter issued by the North Island Motor Union. . The letter states that a very important point arises out of the case, Findlater "versus the Public Trustee and the Queensland Insurance Company, under the Motor < Vehicles Insurance (Third Party Risks) Act, 1928. The history of the case is that a motorist being clearly negligent, caused an accident, and was himself fatally injured. Briefly, the Court held , that, although the deceased was negligent and caused an accident whereby, in addition to doing serious damage or injury to the third party, the property of the third party was injured, lhe deceased also brought about his own death by his negligence, and the right of the plaintiff against the deceased died with his death. Therefore plaintiff’s case against the insurance company accordingly failed. It was intended when the third party insurance Act was passed that, where a negligent motorist who was impecunious caused death or suffering, the injured party should not suffer because of the negligent motorist’s lack of estate, adds the letter. That, of course, was given effect to, but was of no value if the negligent party failed to survive the accident. The union expresses the opinion that the matter should be taken up by motoring associations in protecting their members. The letter said the effect of the decision in the case mentioned really meant that the third party cover was not absolute, as was previously beloved.