Overview

Loyaltrend v Brit (2010) involved a claim for property damage and business interruption arising from subsidence.

Loyaltrend sought to recover under their insurance policy with Brit. Brit's denial of the claim was upheld because Loyaltrend had failed to comply with a notification clause that was found to be a condition precedent.

This decision by the Commercial Court is interesting as it follows a line of recent authorities on notification clauses in liability policies. However, it also reinforces the need for policyholders to be aware of the terms of their notification obligations within all types of policies.

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