Holiday Firm losses battle with insurers over late accident claim

A holiday company specialising in trips to Greece which failed to inform its insurers of an accident until more than a year later has lost its battle against the trustees of a Lloyds syndicate. Lord Justice Rix, Judge of the case, said that no explanation had been given for late notifications of a serious claim.

The claim arose from serious injuries to a 17 year old boy who dived into the shallow end of a swimming pool in the early hours of the morning. At fist instance the judge rejected the insurer’s defence and held that they had elected to deal with the claim that waived their right to reject liability. However, the court of appeal held that failure by insurers to reserve their rights when making initial investigations into late claims was not in itself evidence that they had waived their rights to repudiate liability. For accident claims jobs visit Simplylawjobs/accidentclaimsjobs