A refurbishment contract entered into by the insured led to arbitration which the insured settled without the insurer’s authority on the basis of a ‘cap and collar’, capping the award if the claimant was successful and agreeing to a payment of USD2 million if the claim failed. The claim failed and the insured claimed the USD2 million … Continue reading
The policy obliged the insured to ‘give notice in writing to the insurer as soon as possible after the occurrence of any event likely to give rise to a claim with full particulars thereof’. An employee was injured at work using a gun for attaching wire together on 22 September 2011. At the time of the … Continue reading
Where is the line between the notification to an insurer of circumstances likely to give rise to a claim and a notification just in case a claim arises? The notification obligation has to be applied objectively but taking into account the insured’s knowledge. An insured need not infer the likelihood of a claim from the … Continue reading