The insurers became insolvent, and re-insurers sought to escape liability saying that no sums had been paid out to trigger the re-insurer’s liability.
Held: Re-Insurers were liable under a policy requiring them to pay out on sums paid out by the insurer even though no notice of claim had immediately been given. The phrase ‘likely to give rise to a claim’ to describe an event that will engage the duty to notify the insurer describes an event with at least a fifty per cent chance that a claim against the plaintiff would eventuate.
Citations:
Times 08-Jan-1997, [1996] EWCA Civ 1231, [2000] Lloyd’s IR 510
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – MacCaferri Ltd v Zurich Insurance Plc ComC 19-Jun-2015
maccafferiCoC201506
The claimant manufacturer challenged a refusal of indemnity from his insurers, the defendants under its product liability policy. An end user consumer had been injured. The insurer said that the claimant had delayed on notifying the possible claim. . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 04 November 2022; Ref: scu.82973
