TOLLER v. LAW ACCIDENT INSURANCE SOCIETY, LTD.

(1936) 55 Ll.L.Rep. 258

COURT OF APPEAL.

Before Lord Justice Greene and Lord Justice Scott.

Motor insurance-Stay of action-Arbitration clause-Policy issued to plaintiff by defendant insurance company covering his Lancia car-Lancia car sold during currency of policy and Morris car bought-Agreement by insurance company to issue fresh policy, plaintiff to receive allowance on old policy- Cover notes issued-Accident occurring after expiry of last cover note-Policy issued when balance of premium paid- Accident not covered-Action brought by plaintiff claiming that policy should have been made retrospective to cover period when accident took place- Application by insurance company to stay action on ground that dispute should be referred to arbitration under clause which would be contained in policy when issued-Action stayed under order of Hilbery, J., reversing order of Master.