Euro Pools plc (in administration) v Royal & Sun Alliance Insurance plc

Insurance – Notification requirements. The claimant's remedial works had been carried out in order to mitigate a loss or potential loss that might have been the subject of a potential claim from a third party, such that the indemnity payable by the respondent insurer would be subject to that policy's limit of indemnity of £5m. The Court of Appeal, Civil Division, in allowing the insurer's appeal, further held that the claimant was precluded from claiming an indemnity under a second policy in respect of a potential third-party claim (or mitigation costs to avoid such a claim) that arose from circumstances notified to the first policy.

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