KOSMAR VILLA HOLIDAYS PLC v TRUSTEES OF SYNDICATE 1243

[2008] Lloyd's Rep IR 489

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.