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 for damages arising from ownership, or possession of water craft. The defendants alleged that the exclusion was unfair under the Regulations.
Held: The policy was neither unfair nor worded unclearly, and was not affected by the Regulation. A jet ski is a water craft. It was asserted that the clause requiring immediate notification was unfair. This failed. Declaration granted.
Judges:
The Honourable Mr Justice Buckley
Citations:
[2003] EWHC 380 (QB)
Links:
Statutes:
Unfair Terms in Consumer Contracts Regulations 1994 3
Jurisdiction:
England and Wales
Citing:
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – Alfred Mcalpine Plc v BAI (Run-Off) Limited CA 11-Feb-2000
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 . .
Cited by:
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, Personal Injury, Consumer
Updated: 31 October 2022; Ref: scu.179545
