Shinedean Ltd. v Alldown Demolition (London) Ltd & Anor

The claims co-operation clauses in the policy are conditions precedent to liability, but compliance within a reasonable time is sufficient; Alldown ultimately complied, so Axa cannot decline indemnity.

Parties: Claimant: Shinedean Limited; First Defendant: Alldown Demolition (London) Limited (In liquidation); Second Defendant: AXA Insurance UK PLC
Jurisdiction: England and Wales
Judgment Date: 28 October 2005
Procedural Posture: Civil / Judgment on Preliminary Issues
Outcome: Preliminary issues determined; Axa not entitled to decline indemnity.
Legal Topics: Claims Co Operation Clauses, Condition Precedent, Indemnity, Third Parties (rights Against Insurers) Act 1930, Civil Liability (contribution) Act 1978

Insurance Law Civil Procedure Claims Co Operation Clauses Condition Precedent Indemnity Third Parties (rights Against Insurers) Act 1930 Civil Liability (contribution) Act 1978

Case Brief

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Parties

Shinedean Limited

Claimant

Alldown Demolition (London) Limited (In liquidation)

First Defendant

AXA Insurance UK PLC

Second Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

1 Whether Alldown was in breach of the claims co-operation conditions in the policy
2 Whether compliance with the claims co-operation clause is a condition precedent to Axa’s liability to indemnify Alldown under the policy
3 Whether Axa is thereby entitled to decline to indemnify as a result of any such breaches by Alldown

Ratio Decidendi

Court Disposition

Preliminary issues determined; Axa not entitled to decline indemnity.

Orders

Alldown not in breach of claims co-operation conditions.
Compliance with claims co-operation clause is a condition precedent to Axa’s liability.