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Super Chem Products Ltd -v- American Life & General Insurance Co. Ltd

12th Jan 2004

[2004] Lloyd’s Rep. IR 446

Alistair Schaff Q.C. acted for the successful insurers on an appeal from the Court of Appeal of Trinidad and Tobago to the Privy Council in a case which upheld the insurers’ right to rely on timebar and claims co-operation conditions to deny liability for a claim on fire policies.

Insurance (physical damage and business interruption) – Insurers alleging fraud – Insurers also pleading breach of claims co-operation provisions and late claim – Whether insurers entitled to rely on contract terms after raising defence of fraud – Waiver – Correctness of Jureidini v National British and Irish Millers Insurance Company Limited [1915] AC 499.

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