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ARTICLE · 09 MARCH 2016

Know Your Insurance Policy – Beware Of Conditions Precedent

Arthur Cox
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A recent decision of the High Court confirms that an insurer can decline cover where an insured fails to comply with specific conditions set out in their insurance policy...

IrelandInsurance
Arthur Cox
Arthur Cox
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A recent decision of the High Court confirms that an insurer can decline cover where an insured fails to comply with specific conditions set out in their insurance policy, even where the failure to comply with the conditions did not in any way affect the damage that occurred.

The decision was given in Kelly Builders (Rosemount) Ltd v HCC Underwriting Agency Limited.

The insured issued proceedings seeking orders compelling the insurer to pay out on foot of an insurance policy. The insured sought cover for damage that arose from a fire at the NUI Maynooth Campus in November 2010. The fire occurred when a sub-contractor was carrying out hot works to repair a flat roof.

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