HASSETT v. LEGAL & GENERAL ASSURANCE SOCIETY, LTD.

(1939) 63 Ll L Rep 278

KINGS BENCH DIVISION.

Before Mr. Justice Atkinson.

Insurance - Third-party risks - Policy taken out by L (a limited company) with defendant insurance company- H employed by sub-contractors to L- H injured owing to collapse of scaffolding - Claim brought by H against L-Notice received in round-about way by defendants that claim was being made against L - Writ in meantime served on L at registered office, no appearance being entered, and judgment being eventually signed in default-L wound up by H-Claim by H against defendants under Third Parties (Rights against Insurers) Act, 1930 - Arbitration - Award that L, being the assured, had failed to comply with the policy condition requiring the assured to notify the defendants of any claim made or of any proceedings taken against the assured, and that therefore the defendants were not liable to indemnify the assured against the judgment obtained by H-Waiver -"4. . . . Any communication whatever relating to the accident must be forwarded to the Society immediately on receipt thereof. 5. . . . The insured shall at the cost of the Society render them every information and assistance in his power to enable them to settle or resist any claim wholly or in part or to defend any proceedings"- Appeal by way of special case.