LOFTUS v. PORT OF MANCHESTER INSURANCE COMPANY, LTD.

(1933) 45 Ll.L.Rep. 252

KING'S BENCH DIVISION.

Before Mr. Justice Charles.

Garnishee-Motor insurance-Accident to plaintiff-Plaintiff awarded damages against A (insured with defendants) -Claim by plaintiff to garnishee debt alleged to be due under policy from defendants to A - Disputes under policy to be referred to arbitration -Award a condition precedent to liability-Liability under policy disclaimed by defendants on ground of non-disclosure by A-Condition of policy requiring assured to claim under policy within 12 months of disclaimer -Failure by A to do so within that time-Whether any debt due from defendants to A when order nisi was served