The insured was killed in a motor accident in India on 14 January 1923. Knowledge of her death reached her personal representative in England within a month, but the personal representative did not know of the existence of the insurance policy until January 1924. Notice was given to the insurance company as soon as possible thereafter. The insurance company repudiated liability on the ground that notice was not given ‘as soon as possible’ within the meaning of the condition.
Held: The insurer was liable. All existing circumstances must be taken into account, including the available means of knowledge of the insured’s personal representative of the existence of the policy and the identity of the insurance company and that the arbitrator was entitled to find that notice had been given ‘as soon as possible’. There was no finding that the administrator was in default in not having learned of the existence of the policy more speedily. In all the circumstances notice had been made ‘as soon as possible’ and the insurer was liable to pay up.
Judges:
Roche J
Citations:
[1925] 2 KB 137
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: 15 May 2022; Ref: scu.549267
