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 of any accident causing injury to a workman and to forward to the insurer every notice of claim received by the employer within three days after receipt. There was a further condition that made the time element in these conditions a term of the essence of the contract. An accident befell a workman. Notice of the accident was not given to the insurer for over two months.
Held: These conditions had not been incorporated into the contract, and the claim under the policy succeeded.
Vaughan Williams LJ: ‘The only question in the case is the obligation of this condition as to immediate notice. As to the condition as to forwarding notice of claim received by the employer within three days of the receipt of such notice, I agree with Bray J that there was no obligation to forward such notice after the association had repudiated.’
Judges:
Vaughan Williams LJ
Citations:
[1907] 2 KB 798
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 28 May 2022; Ref: scu.244711