KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243
[2008] Lloyd's Rep IR Plus 13
COURT OF APPEAL
Before Lord Justice Rix, Lord Justice Jacob and Mr Justice Forbes
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 by breach – Whether waiver by election of condition precedent
possible – Whether insurers estopped from denying
liability.