What is the defence of a dual representation insurance policy?

The defendant appears to rely with some confidence upon the decision in Giffard v. Queen Insur. Co., supra; but to me this case is quite distinguishable. In that case there was no dual representation, and only one policy was issued. It was simply a case where the agent of one company, being unwilling to renew a risk, turned it and the premium, which had been paid by the applicant, over to the agent of another company, who issued a policy which was accepted by the applicant. Speaking of the defence generally, the defendant sets up a plea commonly designated as a novation, whereby it alleges that its liability under its contract with the plaintiff has been discharged. This is a plea by way of confession and avoidance. The burden of establishing it must rest upon the defendant. To succeed, it must have shown the existence of a new agreement, with the intervention of a third party who has undertaken the liability of the contract and who has been accepted by the creditor in place of its original debtor: Leake, 8th ed., p. 610.