You are here

George Hunt Cranes Ltd v Scottish Boiler and General Insurance Co Ltd: [2001] EWCA Civ 1964

Insurance - Condition precedent - Claimant sought to enforce policy against insurer under Third Parties (Rights against Insurers) Act 1930 - Insured failed to comply with policy term requiring delivery of claim in writing within 30 days or such further time as insurers granted at insured's expense and providing that no claim would be payable unless terms of condition had been complied with - Judge right that compliance with term was condition precedent to insurer's liability

17 January 2003

The claimant, Cranes, hired plant to Fast Track in July 1997. The defendant insured Fast Track under a policy of insurance pursuant to which it agreed to indemnify Fast Track against all sums which it would become legally liable to pay under any contract of hire for compensation in respect of loss or damage to plant hired by Fast Track and continuing hire charges. In September 1997 the jib and boom of a crane, part of the plant hired from Cranes, was damaged whilst in Fast Track's possession, whereby Fast Track incurred liability to Cranes for £17,248 in respect of repairs to the crane and extended hire charges. Cranes made a written claim to Fast Track in September 1997, but Fast Track failed to report the claim to the defendant which first learned of the claim on receipt of a letter from Cranes in January 1998. The defendant declined liability relying on general condition 2(c) of the policy which required delivery of a claim in writing to the insurers within 30 days or such further ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.