GOLDING v. LONDON & EDINBURGH INSURANCE COMPANY, LTD.

(1932) 43 Ll L Rep 487

COURT OF APPEAL.

Before Lord Justice Scrutton and Lord Justice Greer.

Insurance (motor)-Stay of action-Claim by plaintiff to indemnity under policy - Denial of liability by insurance company - Alleged breach of policy conditions-Subsequent reinstatement of policy with £10 excess - Scott v. Avery clause - Whether company's denial of liability amounted to a repudiation of the whole policy- Held, that there was no complete repudiation by the company of the policy; and that as the plaintiff was still claiming under the policy, and as by the terms of the policy an award was a condition precedent to liability, the action must be stayed.