George Hunt Cranes Ltd v Scottish Boiler & General Insurance Co Ltd [2001] EWCA Civ 1964 (3 December 2001)

Clause 2(c) of the policy, by its clear wording, constitutes a condition precedent to liability; failure to comply bars the claim under the policy.

Citation: [2001] EWCA Civ 1964
Parties: Appellant/claimant: George Hunt Cranes Limited; Respondent/defendant: Scottish Boiler and General Insurance Co Ltd
Jurisdiction: England and Wales
Judgment Date: 03 December 2001
Procedural Posture: Appeal / Judgment on Appeal From High Court, Preliminary Issue
Outcome: appeal dismissed
Legal Topics: Construction of Insurance Policy, Condition Precedent, Claims Procedure, Third Parties (rights Against Insurers) Act 1930

Case Brief

Summary, issues, holding and outcome

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George Hunt Cranes Limited

Appellant/claimant

Scottish Boiler and General Insurance Co Ltd

Respondent/defendant

Appeal / Judgment on Appeal From High Court, Preliminary Issue

1 Whether compliance with clause 2(c) of the insurance policy is a condition precedent to liability or a mere term
2 Whether breach of clause 2(c) bars the claim under the policy

Clause 2(c) of the policy, by its clear wording, constitutes a condition precedent to liability; failure to comply bars the claim under the policy.

appeal dismissed