Motor Union Insurance Company Ltd v Linzey

JurisdictionCaribbean States
Date1959
Year1959
CourtFederal Supreme Court (West Indies)
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6 cases
  • Veronique Ismael (Administratrix of the Estate of Emmanus Ismael, deceased) Claimant v Justin Albert Defendant/ Ancillary Claimant St. Lucia Motor & General Insurance Company Ltd Ancillary Defendant [ECSC]
    • St Lucia
    • High Court (Saint Lucia)
    • 8 December 2006
    ...did not fall foul of any exception or condition contained in the policy. 80 On the authority ofMotor Union Insurance Co. Ltd v Lindsey (1959) 1 W.I.R. 534 at page 536 F and page 538 C-F, Mr. Theodore argued that the onus to refer a dispute to arbitration lies on the insured and not the insu......
  • Dwight John v Massy United Insurance Ltd
    • St Lucia
    • High Court (Saint Lucia)
    • 21 October 2020
    ...General Insurance Company ltd v General Insurance Company Ltd. Jamaica Civil Appeal No 91 of 2004 and, Motor union co Ltd. V Linzey 1959 1 WIR 534, which are not part of the English common law nor do they form part of Quebec jurisprudence. On a further note, with regard to the Newton Bentle......
  • New India Assurance Ltd v Heeralall
    • Guyana
    • Court of Appeal (Guyana)
    • 13 January 1984
    ...sequence, the next comes from our quondam Federal Supreme Court of the West Indies. It is Motor Union Ins. Co. Ltd v. Linzey, (1959) 1. W.I.R. 534, F.S.C. This was concerned with a motor insurance policy containing the usual Scott v. Avery provision that all differences arising out of the ......
  • Francis Dariah v Eastern Caribbean Insurance Ltd
    • St Lucia
    • High Court (Saint Lucia)
    • 29 June 2018
    ...up a case as it went along in order to frustrate the expectations of the claimant. Discussion and Analysis 36 The cases of Motor Union Insurance Co Ltd. v Linzey7 and Sullivan v Compton8 to which Mrs. Faisal referred all deal with matters which were before a court as opposed to an arbitrato......
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