Thompson v Federated Timbers and Others (17408/09, 3984/10)
Thompson v Federated Timbers and Others (17408/09, 3984/10) [2010] ZAKZDHC 72 (8 December 2010)
The court held that DPCS was aware of the incident involving Mr Thompson by mid-2008 and, given the request for insurer details and the nature of the event, a reasonable insured would have appreciated the possibility of a claim arising. The insurance policy required notification to Zurich of any event that may give rise to a claim as soon as reasonably possible. DPCS failed to notify Zurich of the event within a reasonable time, constituting non-compliance with the policy's notice requirements. This failure entitled Zurich to avoid liability for indemnity under the policy. The court found tha…
Source excerpt
- Insurance Policy Interpretation
- Public Liability
- Claims Made Basis
- Notice Requirements
- Third Party Indemnity