D. A. R. ALEXANDER, CJN. (DELIVERING THE LEADING JUDGMENT): The respondent was, at the time of instituting the action, the owner of a volkswagen saloon motor-car comprehensively insured with the appellant. The policy of insurance covered damage to the car up to the sum of ₦2,000.00 less ₦100.00 compulsory excess. The respondent paid a premium of ₦176.00 less ₦22.00 rebate insurance policy, Exhibit 8.
The appellant's agent had, however, before the issue of the insurance policy, issued a cover note to the respondent, dated December 18, 1971. It was stipulated in the cover note, Exhibit 2, that the respondent-
"having proposed for insurance in respect of the motor vehicle described in the Schedule below... the risk is hereby held covered in terms of the company's usual form of comprehensive policy..."
On December 28, 1971, ten days after the issue of the cover note, the respondent's car was involved in an accident and was badly damaged. The respondent was driving the car when the accident o…