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ARTICLE · 04 JUNE 2019

Euro Pools v RSA: Notification of Circumstances

Clyde & Co
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Court of Appeal allows insurer's appeal regarding notification of circumstances

United KingdomInsurance
Clyde & Co LLP
Clyde & Co LLP
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Court of Appeal allows insurer's appeal regarding notification of circumstances

The claimant insured is a company specialising in the installation of swimming pools. It notified a problem with moveable "booms" (walls which divide a pool vertically into different swimming zones) under its 2006/7 policy (the policy required notification after the insured became aware of "circumstances which might reasonably be expected to produce a Claim"). At the time of notification, it thought the problem was caused by steel tanks within the booms. The tanks were then replaced by inflatable bags but that solution then failed and a problem with the bags was notified under the insured's 2007/8 policy with the same insurers.

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