Zurich Insurance PLC v Maccaferri Ltd

Insurance – Claim. The Court of Appeal Civil Division held in dismissing an appeal by the insurers, that the insurers were not entitled to rely on a condition in the insurance regarding notification of event. The question to be considered was whether when the event occurred (an occasion not limited to the exact moment) it was likely to give rise to a claim. That would depend on whether in the light of the actual knowledge that the insured then possessed a reasonable person in his position would have thought that it at least 50% likely that a claim would be made.

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