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Receipt of premium before the accident was treated as the point at which risk attached under motor insurance, even though the policy document showed a later commencement date. Because the insurer did not examine the agent said to have handled the transaction, the court drew an adverse inference against the insurer. On the evidence of the premium transfer, the court held that the insurer could not avoid liability by relying only on the later policy date and had to satisfy the award.
Receipt of premium before the accident was treated as the point at which risk attached under motor insurance, even though the policy document showed a later commencement date. Because the insurer did not examine the agent said to have handled the transaction, the court drew an adverse inference against the insurer. On the evidence of the premium transfer, the court held that the insurer could not avoid liability by relying only on the later policy date and had to satisfy the award.
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