Tilley and Noad v Dominion Insurance Co Ltd
Tilley and Noad v Dominion Insurance Co Ltd
- 1987
- Estates Gazette 284(6361) 21 November 1987, 1056-1064(5) .
ChD 23 March 1987 Action by firm of auctioneers, surveyors, estate agents and valuers against insurers, seeking declaration as to right to indemnity in respect of claims based on valuation s of agricultural land and live and dead stock. The relevant valuations which had given rise to the claims had been carried out by an elderly consultant, whose ability to value had, on the evidence, declined between the date of the first valuation (March 1982) and the second and third in April and November 1984. In denying liability the insurers relied on the terms of a particular exclusion and a condition in the policy. The exclusion ruled out liability resulting from any circumstance known to the insured at the inception of the policy and likely to give rise to a claim. They alleged that the firm was aware of the unreliable valuations. The condition relied on requiring the insured to give immediate notice of any claim or occurance of which the insured might become aware which might subsequently g
Insurance
PROFESSIONAL INDEMNITY
ChD 23 March 1987 Action by firm of auctioneers, surveyors, estate agents and valuers against insurers, seeking declaration as to right to indemnity in respect of claims based on valuation s of agricultural land and live and dead stock. The relevant valuations which had given rise to the claims had been carried out by an elderly consultant, whose ability to value had, on the evidence, declined between the date of the first valuation (March 1982) and the second and third in April and November 1984. In denying liability the insurers relied on the terms of a particular exclusion and a condition in the policy. The exclusion ruled out liability resulting from any circumstance known to the insured at the inception of the policy and likely to give rise to a claim. They alleged that the firm was aware of the unreliable valuations. The condition relied on requiring the insured to give immediate notice of any claim or occurance of which the insured might become aware which might subsequently g
Insurance
PROFESSIONAL INDEMNITY