FRESHWATER v. WESTERN AUSTRALIAN INSURANCE COMPANY, LTD.

(1932) 44 Ll L Rep 282

COURT OF APPEAL.

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

Practice - Insurance (motor) - Stay of action - Third party claim by plaintiff against assured - Bankruptcy of assured - Rights of plaintiff against insurers - Arbitration clause in policy - Award as a condition precedent - Claim by insurers that action be stayed - Denial of liability - Alleged untrue statements in proposal form-Third Parties (Rights against Insurers) Act, 1930 -Road Traffic Act, 1930, Sect. 36 (1) (b), (4), (5)