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 there was no representation from the Insurers that they would waive their right for formal notice, and no equitable estoppel arose. A prudent solicitor would be well advised to ensure that the insurance company received written notice within seven days after the commencement of proceedings.
Judges:
Kennedy LJ
Citations:
Times 09-Feb-2001, [2001] RTR 291
Jurisdiction:
England and Wales
Cited by:
Cited – Nawaz and Another v Crowe Insurance Group CA 24-Feb-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Insurance, Estoppel, Litigation Practice, Road Traffic
Updated: 10 April 2022; Ref: scu.90234