Obligations in a Notice of Claims clause should not be treated as conditions precedent to liability but as innominate terms apt only to create a defence to a claim under the policy if the consequences of breach are so serious as to give the insurers a right to reject the claim.
Judges:
Waller LJ
Citations:
[2000] EWCA Civ 40, [2000] Lloyds Rep 437, [2000] EWCA Civ 40
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Bankers Insurance Company Limited v South, Gardner QBD 7-Mar-2003
The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability . .
Cited – Pilkington United Kingdom Limited v CGU Insurance Plc QBD 28-Jan-2004
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers . .
Cited – Friends Provident Life and Pensions Ltd v Sirius International Insurance CA 24-May-2005
The appellants provided excess layer professional indemnity insurance cover on a claims made basis. Insurers complained that although the insured had become aware of possible sources of claims, he had not given notice to the insurer, and had thereby . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 31 May 2022; Ref: scu.147073
