KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2007] Lloyd's Rep IR Plus 40

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Gross

Insurance (liability) – Policy containing condition precedent requiring immediate notification of occurrence of injury or damage – Notice of injury not given for over a year after occurrence – Whether insurers had waived breach by reason of pre-contractual or post-loss conduct – Whether waiver by election of condition precedent possible – Whether insurers estopped from denying liability.