KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2008] Lloyd's Rep IR 43

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.