LUBOVSKY v. SNELLING.

(1943) 75 Ll.L.Rep. 165

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Practice - Motor insurance - Limitation of action-L. killed in motor accident- Admitted negligence of defendant (driver of car)-Third-party insurance placed with C. Ltd.-Action brought by plaintiff (as administratrix of deceased's estate) under Fatal Accidents Act, 1846-Writ served on defendant-Plaintiff's solicitors informed by letter from defendant's solicitors that "the defendant will not contest the issue of negligence and that the only issue is one of quantum"-Admission of liability by insurers' agent-Action discontinued as plaintiff had not at date of writ taken out letters of administration, and there was some doubt whether proper notice had been given under Sect. 10 of Road Traffic Act, 1934 - Position regularised and further writ issued-Defence raised that action was out of time-Estoppel-Fatal Accidents Act, 1846, Sects. 2, 3.