BROOK v. TRAFALGAR INSURANCE COMPANY, LTD.

(1945) 79 Ll.L.Rep. 365

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Bucknill.

Motor insurance - Notice of loss - Condition precedent-Notification to agent-Waiver -Insurance of car by B. (plaintiff) with T. Co. effected through provincial agent (N.)-Loss of car by fire on Dec. 17, 1943 - Accident reported by B. to N. on Dec. 18, B. then being supplied with claim form- Form, dated Jan. 3, 1944, completed by B. and returned to N., who sent it to head office of T. Co., in London-Provision in policy that "Notice of any accident or loss must be given in writing to the company at its head office immediately upon the occurrence of such accident or loss . . . In the event of failure to comply with the terms of this condition and in particular, if within seven days after such accident or loss has occurred, the company had not been notified as above set forth, then all benefit under this policy shall be forfeited"-Liability denied by T. Co. on ground that notification of loss was out of time-Decision of Stable, J., that T. Co. (through their agent N.) had waived the policy conditions as to notice of loss and that therefore the plaintiff was entitled to recover - Appeal by T. Co. - Waiver not pleaded-Authority of N.