Liability insurance: notification and cooperation clauses

In Makin v The Restaurant Muse and Others [2025] EWHC 895 (KB); [2025] Lloyd's Rep IR 579 the main question was whether policy conditions requiring notification of potential claims and cooperation with the insurers in the claims process constituted conditions precedent to the liability of the insurers. An important subsidiary question was whether a judgment against the assured was binding on the insurers for the purposes of a third-party claim under the Third Parties (Rights Against Insurers) Act 2010.

Makin : the facts