HC Deb 26 November 1930 vol 245 cc1324-5W
Mr. R. TAYLOR

asked the Minister of Transport whether the approved conditions of contracts in respect of compulsory insurance by owners of motor vehicles will secure that, in the event of the death of a defendant following an accident, a claim by the injured person for personal damages may be made against the insurance company concerned?

Mr. HERBERT MORRISON

I have no power under the Road Traffic Act to approve or disapprove of conditions attached to policies of insurance. In the circumstances referred to by my hon. Friend, no claim on the part of the injured person would ordinarily he against the insurance company. The legal maxim that a right of personal action ceases on the death of the person against whom it may be brought is of wide application, and although the point was considered when the Road Traffic Bill was before the House, the decision was reached that it would not be right to introduce an exception to this general principle in a particular case such as that of insurance against third-party risks.