CONDITION PRECEDENT TO CLAIM UNDER INSURANCE POLICY

Shinedean Ltd v Alldown Demolition (London) Ltd [2006] EWCA Civ 939; [2006] BLR 309

In Shinedean Ltd v Alldown Demolition (London) Ltd [2006] EWCA Civ 939; [2006] BLR 309 the Court of Appeal held that a clause requiring provision of information and assistance by the insured was a condition precedent to the insurer’s liability under the insurance contract. In order to deny liability in respect of the claim it was not necessary for the insurance company to show that it had suffered actual prejudice as a result of the failure of the insured to provide the required information. However, it is important to note that the Court of Appeal laid down no general rule to this effect. In this respect each case turns on its own facts.