The claimant had claimed aganst the driver, but gave notice of the intention to make a claim on his insurance by telephone only. The insurers repudiated liability.
Held: Whilst solicitors would be strongly advised to give such notice in writing, an oral notice given to a proper officer of the insurer could be sufficient. In this case oral notice to a legal secretary was sufficient.
Judges:
Woolf LCJ, Kennedy, Scott Baker LJJ
Citations:
Times 11-Mar-2003, [2003] EWCA Civ 316
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Wake v Page and Another CA 9-Feb-2001
Insurers were quite entitled to insist upon service of the statutory seven day notice of an intention to sue. In the absence of a notice very were not liable even though they were fully aware of the possibility of action. However regrettable it was . .
Lists of cited by and citing cases may be incomplete.
Insurance, Road Traffic, Litigation Practice
Updated: 07 June 2022; Ref: scu.180112
