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‘Merle Oberon’ Clause:
The clause in the third party section of a private
car policy indemnifying persons other than the insured.
Such persons, who are indemnified as though they were the
insured, are: any driver; any user; any passenger; the insured’s
employer or partner.
Such persons are bound by the terms and conditions of the
policy. The clause acquired its name from the case of Digby
vs. General Accident (1942).
Film star Merle Oberon sustained injury while travelling as
a passenger in her own car driven by her chauffeur. She claimed
against the chauffeur who sought an indemnity from the insurer
as a person permitted to drive.
The Car insurer contended that Miss Oberon could not constitute
herself as a third party under her own policy and that it
was not their intention to create a new class of claimant.
Their argument was rejected by the House of Lords, who found
in favour to Digby.
DID YOU KNOW?
Merle Oberon was involved in a near-fatal car crash that resulted
in the infamous halting of production on I, Claudius (1937).
The film, which was never completed, is chronicled in the
1965 documentary The Epic That Never Was.
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