Bankers Insurance Company Ltd. v South & Anor [2003] EWHC 380 (QB) (07 March 2003)

Bankers Insurance Company Ltd. v South & Anor [2003] EWHC 380 (QB) (07 March 2003)

A jet ski is a 'motorised waterborne craft' within the meaning of the policy exclusion, and the exclusion is in plain, intelligible language and not unfair under the 1994 Regulations; thus, the insurer is not liable to indemnify the insured. Even if the exclusion did not apply, the insured's serious breach of notification and cooperation conditions would bar recovery.

Citation
[2003] EWHC 380
Parties
Claimant: Bankers Insurance Company Limited; 1st Defendant: Patrick South; 2nd Defendant: Mark Ian Gardner
Jurisdiction
England and Wales
Judgment Date
07 March 2003
Procedural Posture
Insurance Declaratory Action / Trial Judgment
Outcome
Claim allowed; declaration granted in favour of insurer
Legal Topics
Policy Interpretation, Exclusion Clauses, Unfair Contract Terms, Notification Conditions, Waiver and Estoppel
Insurance Law Contract Law Consumer Protection Policy Interpretation Exclusion Clauses Unfair Contract Terms Notification Conditions Waiver and Estoppel

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Parties

Bankers Insurance Company Limited

Claimant

Patrick South

1st Defendant

Mark Ian Gardner

2nd Defendant

Procedural Posture

Insurance Declaratory Action / Trial Judgment

Legal Issues

  1. 1 Whether a jet ski is excluded from insurance cover as a 'motorised waterborne craft' under the policy
  2. 2 Whether the exclusion clause is unfair under the Unfair Terms in Consumer Contracts Regulations 1994
  3. 3 Whether notification and cooperation conditions are conditions precedent or innominate terms

Ratio Decidendi

A jet ski is a 'motorised waterborne craft' within the meaning of the policy exclusion, and the exclusion is in plain, intelligible language and not unfair under the 1994 Regulations; thus, the insurer is not liable to indemnify the insured. Even if the exclusion did not apply, the insured's serious breach of notification and cooperation conditions would bar recovery.

Court Disposition

Claim allowed; declaration granted in favour of insurer

Orders

  • Declaration that Bankers Insurance Company Limited is not liable to indemnify Patrick South in respect of any liability to Mark Ian Gardner for the accident