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Diab v Regent Insurance Co Ltd

19th Jun 2006

[2007] 1 WLR 797; [2006] Lloyd’s Rep. IR 779; [2006] 2 All ER (Comm) 704

Christopher Butcher QC led Sioban Healy successful respondent insurance company in establishing that there was no rule of law that a repudiation by an insurer of liability on a ground unconnected with compliance by the insured with the claim notification provisions of the policy relieved the insured of the obligation to comply with those provisions.

Insurance (fire) – Policy laying down condition precedent requiring claim in writing and provision of information within 15 days – Assured told that any claim would be refused by reason of arson – No information provided to insurers – Whether insurers precluded from relying on condition precedent – Waiver – Estoppel – Relief from forfeiture.

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