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Claims notifications vs crystal ball gazing – the Court of Appeal’s recent Euro Pools decision

Claims notifications vs crystal ball gazing – the Court of Appeal’s recent Euro Pools decision

01.07.2019

Kiran Soar

Kiran Soar Global Head of Insurance, Partner

Lucy Espley

Lucy Espley Senior Associate

The Court of Appeal has overturned a first instance decision in the case of Euro Pools PLC (in administration) v Royal & Sun Alliance PLC. This case deals with the notification of circumstances under a claims made policy where insured and insurer are asserting it fell within different policy years and what degree of awareness an insured must have in relation to the circumstances of which it is notifying insurers.

The Court of Appeal held that, consistent with previous authority, an insured must be aware of a circumstance in order to notify the insurer of that circumstance but there is no requirement that he/she be aware of the full causal origins and implications of the circumstance notified. The insured may give a “can of worms” or “hornet’s nest” notification. Accordingly the Court of Appeal found in favour of RSA, that the costs of works to mitigate the risk of potential third party claims objectively arose from the circumstances notified in 2007 and as such RSA had already paid the limit of indemnity for that year and no further sums were due to the insured. Please click here to read more on this interesting case.

This article was co-authored by Clare Birchenhough, second year trainee solicitor

To read the full article click here

Article authors:

Kiran Soar Lucy Espley

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