Kosmar Villa

On 29 February 2008, the Court of Appeal handed down its decision in Kosmar Villa Holidays v Trustees of Syndicate 1243 (2008). The Kosmar case concerned waiver by election and whether insurers can, by taking some step, lose the right to rely on a "late notice" defence.

Kosmar was a tour operator which held liability insurance with Euclidian. On 22 August 2002, one of Kosmar's holiday guests suffered serious injuries following an accident. Yet, in breach of a general insurance policy condition which required immediate notification to the insurer of any injury, Kosmar failed to notify Euclidian until over one year later, on 4 September 2003, following receipt of a letter from the injured party's solicitors dated 14 August 2003.