Kajima v Underwriter Insurance

Citation: 1 All E.R. (Comm) 855, [2008] CILL 2567, [2008] Lloyd's Rep IR 391, 122 Con LR 123 and [2008] EWHC 83 (TCC)

Nature of case:
The court determined a preliminary issue relating to a ‘claims made’ insurance notification policy.  The issue was whether certain defects that arose were correctly notified by the Claimant within the terms of the policy.  The Claimant had notified defects during the course of the policy.  Following the expiry of the policy, further defects, which the Claimant argued were related to the initial notification, arose.  The Defendant insurers argued that the later defects were unrelated and therefore not covered by any valid notification.

Link to Judgment

Counsel

Adrian Williamson QC

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