CONTINGENCY INSURANCE COMPANY, LTD. v. LYONS AND OTHERS.

(1939) 65 Ll L Rep 53

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice MacKinnon and Lord Justice du Parcq.

Motor insurance - Practice - Pleading - Third-party claim against assured- Action brought by insurance company under Sect. 10 (3) of Road Traffic Act, 1934, for declaration that they were entitled to avoid policy on ground of non-disclosure and misrepresentation- Notice given to third party-Statement of claim giving particulars of non-disclosure and misrepresentation not included in notice to third party- Whether allegation should be limited to matter specified in notice-Appeal by third party against order of learned Judge permitting amendment of statement of claim giving particulars of non-disclosure and misrepresentation not included in notice to third party.