ZURICH INSURANCE PLC V MACCAFERRI LTD

[2016] EWCA Civ 1302, Court of Appeal, Lady Justice Black and Lord Justice Christopher Clarke, 12 January 2017

Insurance (public and product liability) - Condition precedent - Policy required notice in writing to the insurer as soon as possible after the occurrence of any event likely to give rise to a claim - Meaning of "likely" - Whether obligation to give notice applied where claim not likely at the date of the event

Maccaferri Ltd supplied a Spenax stapler gun to Jewson, which in turn hired it to Drayton. An employee of Drayton lost an eye in an incident relating to the gun on 22 September 2011. By June 2012 Maccaferri knew that the victim was going to make a claim against Drayton, but was unaware that Maccaferri might be implicated. Proceedings were issued by the employee against Drayton in July 2012, and he obtained judgment in February 2013. In March 2013 Drayton issued indemnity or contribution proceedings against Jewson, and Maccaferri was joined in July 2013. Maccaferri informed its liability insurers, Zurich, immediately. Zurich denied liability by reference to a condition precedent under which Maccaferri was required to give notice in writing to Zurich as soon as possible after the occurrence of any event likely to give rise to a claim.