CROSS v. BRITISH OAK INSURANCE COMPANY, LTD.

(1938) 60 Ll.L.Rep. 46

KING'S BENCH DIVISION.

Before Mr. Justice du Parcq.

Motor insurance-Third party-Successful counterclaim by third party against assured-Repudiation of liability by insurance company-Action brought by B against assured for damages for negligence-C joined as third party, notice being given to insurance company of issue of third-party notice- Counterclaim by G-No notice of counterclaim given to insurance company - Judgment entered against assured on claim and counterclaim- Counterclaim unsatisfied by assured- Claim by C for declaration that insurance company were liable to him in respect of counterclaim-Liability, of insurance company to C for costs of third-party proceedings - "No sum shall be payable by an insurer . . . (a) in respect of any judgment, unless before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings"-Whether proceedings commenced when third-party notice given to insurance company or when C counterclaimed-Road Traffic Act, 1934, Sect. 10 (1), (2), (3).