The case concerned the construction of a policy containing terms requiring the insured to notify the insurers ‘immediately’ if he had knowledge of any accident, claim or proceedings.
Held: In any case where an insurer is entitled to rely on breach of a condition precedent in his policy, there is no requirement for him to establish prejudice as a result of the breach. The policy ‘expressed in clear terms’ that the notice provision was a condition precedent upon which the insurers were entitled to rely.
Judges:
Bingham J
Citations:
[1985] 1 Lloyds Rep 274, [1985] 2 All ER 395
Jurisdiction:
England and Wales
Cited by:
Cited – Pilkington United Kingdom Limited v CGU Insurance Plc QBD 28-Jan-2004
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers . .
Cited – Shinedean 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: 05 July 2022; Ref: scu.198321