Diab v Regent Insurance Company Ltd: PC 19 Jun 2006

(Belize) The appellant’s premises were destroyed by fire. The insurer respondents refused payment, saying that the claimant had delayed notification, had stored ammunition, and had started the fire himself.
Held: Lord Scott referered to his scepticism as to whether absolute compliance with a 15-day time limit in a fire insurance policy would be regarded as always necessary in all circumstances. However the appeal failed on other grounds.

Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell, Sir Martin Nourse
[2006] UKPC 29
Bailii
Commonwealth
Citing:
CitedSuper Chem Products Limited v American Life and General Insurance Company Limited and Others PC 12-Jan-2004
PC (Trinidad and Tobago) A fire occurred at premises in which the stock was insured under two policies. Both insurers denied the claims alleging arson, and that it was out of time. The claimant said that the . .
CitedIn re Coleman’s Depositories Ltd CA 1970
An insurance policy covered the liability of an employer to compensate his workmen for injuries in the course of their employment. The court was asked whether it incorporated a condition requiring the employer to give immediate notice to the insurer . .
CitedUnited Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .

Cited by:
CitedShinedean Ltd v Alldown Demolition (London) Ltd and Another CA 20-Jun-2006
The second defendant insurers appealed a finding of liability, saying that the insured had failed to provide its documents within a reasonable time in order to meet a condition to that effect in its terms. The documents had not been provided for . .

Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 04 January 2022; Ref: scu.242922