Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

GULLETT v. EVANS; SAME v. EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD., AND THREADNEEDLE INSURANCE COMPANY (1923), LTD.

(1929) 33 Ll.L.Rep. 102

COURT OF APPEAL.

Before the Master of the Rolls (Lord Hanworth) and Lord Justice Greer.

Practice-Trial-Claims under policies of reinsurance - Application by defendants for trial of preliminary issue before trial of action-Issues involving different considerations-Contentions by defendants: (1) that upon a true construction of the policies no liability attached; (2) that there was misrepresentation avoiding policies-Discretion of Court-R.S.C. Order XXXVI, r. 7- Application granted.

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