Coverage Issues – Ensuring Early Preservation Of Policy Points

Kosmar Villa Holidays Plc-V-Trustees Of Syndicate 1243 (Court of Appeal, 29 February 2008)

The Court of Appeal has ruled supportively for Underwriters in this important case about the taking, investigating and waiving of policy points.

Kosmar, a specialist travel operator, had arranged public liability insurance for its business over the period 2001-2002. In August 2002, one of Kosmar's customers ('the Claimant') suffered very serious injuries after diving into the shallow end of the swimming pool at a resort in Kavos. Significantly, Kosmar did not notify its Underwriters about this incident until over a year later, at the beginning of September 2003.