This recent rather cryptic judgment confirms that in appropriate circumstances, an insurer may both reject the relevant insurance claim and cancel the policy by reason of the breach of the insured’s claim co-operation obligations under the policy.
The judgment is thin on particularity and does not identify the particular claims co-operation clause, its wording nor which portion of the obligation was breached by the insured.
It was common cause that the insured had declined, despite numerous requests and deadlines, to provide the insurer with permission and consent to approach the insured’s cell phone operator to enable the insurer to establish a beacons and billing report so as to verify the insured’s version of events relating to the motor vehicle claim.
The court held that the insured by his own action failed to comply with the condition of the policy of insurance and breached the agreement. The insurer was entitled to accept the breach, reject the claim and cancel the policy as it has done.