Fraud in the Claims Process - Breach of Condition

The second, and equally important, issue, raised in K/S Merc-Scandia XXXXII v Certain Lloyd’s Underwriters was the possible ability of the underwriters to deny liability on the strength of an alleged breach of the Notice of Claims clause. This argument required Mr Justice Aikens to consider the effect of the recent decision of the Court of Appeal in Alfred McAlpine v BAI (Run-off) [2000] Lloyd’s Rep IR 352 .