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Irish High Court confirms that failure to comply with any condition precedent in an insurance policy is a ground for declinature

March 2016
Sarah Conroy and

In a recent case the High Court has held that an Insurer may repudiate an insurance policy for failure to comply with a condition precedent even in situations where the failure to comply with the condition precedent has in no way contributed to the cause of the loss. Where an Insurer seeks to decline cover based on the breach of a condition then the Insurer must provide sufficient evidence of that non-compliance.[1]



[1] Kelly Builders (Rosemount) Limited v HCC Underwriting Agency Limited [2016] IEHC 72

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