Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

BARNI v. LONDON GENERAL INSURANCE COMPANY, LTD.

(1933) 45 Ll.L.Rep. 68

COURT OF APPEAL.

Before Lord Justice Lawrence and Lord Justice Romer.

Practice-Motor insurance-Stay of action -Claim by plaintiff to be indemnified under policy-Alleged misrepresentation and non-disclosure of material facts in proposal form-"In the event of any difference arising out of this policy, such difference shall at the option of the company, if exercised within one calendar month from the difference arising, be referred to" arbitration . . . "If the company elects to go to arbitration [the obtaining of an award shall] be a condition precedent to the commencement of legal proceedings in respect of any claim under this policy"

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