Smith, Judith v Advantage General Insurance Company Limited

Motor vehicle accident-Motor vehicle insurance-Judgment in default entered in favour of Claimant against owner of motor vehicle as well as driver-Court's refusal of insurer's application for declaration to avoid policy of insurance-Whether insured should be allowed to employ same defence as used in the application for declaration-Whether issue estoppel or res judicata arises-Whether insurer should be held liable to indemnify Claimant in respect of judgment debt-Motor Vehicles Insurance (Third Party Risks) Act, Section 18(1)