The claimant sought payment of insurance benefits which she said should have been paid to her husband before his death. The company and its directors sought reliance on an exemption clause in common form in the trust instrument absolving them from liability. The scheme had been terminated by the insurance company. The widow asserted negligence in not having made alternative arrangements or notified her husband.
Held: No sufficient duty had arisen toward the deceased. The assertion that the 1977 Act made the exemption clause invalid failed. The clause did not amount to a notice within the Act.
Judges:
The Hon Mr Justice Carnwath Lord Justice Tuckey Mr Justice Bennett
Citations:
[2006] EWCA Civ 464
Links:
Statutes:
Unfair Contract Trems Act 1977
Jurisdiction:
England and Wales
Trusts, Contract, Negligence
Updated: 10 July 2022; Ref: scu.241383