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Marine Insurance: Law and Practice




26.1 In an action1 to obtain an indemnity under an insurance contract, the insured must inter alia satisfy two, to some extent overlapping, conditions. The first is substantive: that there has been an insured loss. Secondly, the insured must satisfy the procedural requirements of the claims process. However, even when these two conditions are satisfied, the presence of a third condition may defeat the claim: viz, the insured should not contravene any overriding policy rule applying to the claims process. The third condition is in one sense a particular aspect of the second; but it also merits independent status—for the effect of non-compliance with the first and second conditions is that the insurer is not prima facie liable, whereas contravention of the third condition may defeat a claim which is otherwise valid.

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