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1_Case Law - Conditions; Exclusions

Judith West Claims handling Professional English

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1_Case Law - Conditions; Exclusions

  1. Conditions

    • Eagle Star v Cresswell 2004
      • Claims control clause in reinsurance contract
        • Not 'C Precendent'
          • Court viewed as CP
    • Aspen Ins v Pectel Ltd 2008
      • Fire in tunnel
        • Late notification ; no cover
    • Cox v Bankside 1995
      • E&O Lloyds syndicate
        • Many members; LOL exhausted
          • Court decides if really CP
          • Court does not like spurious CPs
    • Pioneer Concrete v Nat E Mutual 1985
      • No Prejudice necessary
  2. Exclusions

    • Independent & Interdependent perils
      • Wayne Tank & Pump v EL Ins 1974
        • Defective tank (excluded) Negligent employee (insured)
          • No Cover
      • Miss J J
        • Defective design (uninsured) Storm (Insured)
          • Covered
    • Bankers Ins v P South & MI Gardner (2003)
      • Jet Ski accident
        • Watercraft excluded
          • In context - No Cover
    • Blackburn Rovers v Avon Ins (2004)
      • Back injury & not abnormal bad back condition
        • Poorly written
          • Covered
    • CA Blackwell v Gerling 2007
      • Inadequate drainage; rain
        • Court held Fortuitous; some negligence; but could not show defective
          • Covered

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Professional Claims handling Mind Map on 1_Case Law - Conditions; Exclusions, created by Judith West on 29/11/2016.
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Judith West
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  • Created by Judith West · Mar 2, 2015
  • Copied by Judith West · Nov 29, 2016
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