NICHOLLS v. HEADLANDVLR 151
Arbitration — Insurance policy containing arbitration clause — Condition in policy requiring notification of impending prosecution — Failure to give notice — Prejudice of insurer — Action for damages against insured — Insurer joined as third party — Application by insurer for stay of proceedings — Refusal of stay — Arbitration Act 1928 (No. 3637), sec. 5 — Instruments (Insurance Contracts) Act 1936 (No. 4464), sec. 3.