Brown v Davis and Galbraith: 1972

The garage, had negotiated with the insurers and entered into a written agreement with them on their printed forms to repair cars of the insured clients. When the insurer failed, they sought to recover payment from the car owners.
Held: The owner of the car as only liable in respect of the excess and other charges referable to him as opposed to the main cost of repairs which was payable by insurers. Sachs LJ said: ‘I only pause to add that there was no suggestion at the time or later that for any reason the insurers might repudiate liability to the insured, in which case a quite different position would result.’


Sachs LJ


[1972] 2 Lloyds Reports 1, [1972] 3 All ER 31


England and Wales

Cited by:

CitedBee v Jenson CA 13-Sep-2007
The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward . .
Lists of cited by and citing cases may be incomplete.

Insurance, Contract

Updated: 14 May 2022; Ref: scu.259335