Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

HOOD'S TRUSTEES v. SOUTHERN UNION GENERAL INSURANCE CO. OF AUSTRALASIA, LTD.

(1928) 30 Ll.L.Rep. 96

CHANCERY DIVISION.

Before Mr. Justice Tomlin.

Bankruptcy-Insurance (motor car)-Claim for damages by A against assured in respect of personal injuries - Right of assured to indemnity from insurance company-Bankruptcy of assured before judgment-Vesting of right of assured to indemnity in trustee in bankruptcy- Alleged right of insurance company to repudiate on account of assured's failure to satisfy conditions of policy-Agreement by assured, for consideration, after adjudication, to release insurance company from all liabilities under policy -Estoppel-Second bankruptcy-Adjudication after judgment - Position of second trustee in bankruptcy considered.

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