Last Updated February 27, 2019

Law and Practice

Authors



Matheson (Dublin - HQ) Established in 1825 in Dublin and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 670 people work across Matheson’s six offices, including 86 partners and tax principals and over 440 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Clients include over half of the world’s 50 largest banks, six of the world’s ten largest asset managers, seven of the top ten global technology brands. The firm's expertise is spread across more than 30 practice groups, including Finance and Capital Markets, Corporate, International Business, Mergers and Acquisitions, Technology and Innovation, Intellectual Property, Insolvency and Corporate Restructuring, EU and Competition, Asset Management and Investment Funds, Employment, Pensions and Benefits, Commercial Real Estate, Litigation and Dispute Resolution, Healthcare, Insurance, Tax, Private Client, Energy and Infrastructure, FinTech and Life Sciences. Matheson work collaboratively across all areas, reinforcing a client-first ethos and utilising a broad and interconnected spread of industry and sectoral expertise to provide the full range of legal advice and services to its clients.

Certain terms of an insurance policy will be identified as “conditions” to that policy. The effect of a breach of a condition depends on whether the condition is a condition precedent to liability. Conditions precedent to liability relate to matters arising after a loss has occurred, most commonly in relation to notification. The Irish courts will generally not construe an insurance condition as a condition precedent unless it is expressed as a condition precedent, or the policy contains a general condition precedent provision. Breach of a condition precedent means that the insured cannot pursue their claim for indemnity, and  the insurer does not have to demonstrate that it has suffered any prejudice.

The consequences for breach of a bare condition are in damages.

Matheson

70 Sir John Rogerson's Quay
Dublin 2
Ireland

+353 1 232 2000

+353 1 232 3333

dublin@matheson.com www.matheson.com
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Authors



Matheson (Dublin - HQ) Established in 1825 in Dublin and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 670 people work across Matheson’s six offices, including 86 partners and tax principals and over 440 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Clients include over half of the world’s 50 largest banks, six of the world’s ten largest asset managers, seven of the top ten global technology brands. The firm's expertise is spread across more than 30 practice groups, including Finance and Capital Markets, Corporate, International Business, Mergers and Acquisitions, Technology and Innovation, Intellectual Property, Insolvency and Corporate Restructuring, EU and Competition, Asset Management and Investment Funds, Employment, Pensions and Benefits, Commercial Real Estate, Litigation and Dispute Resolution, Healthcare, Insurance, Tax, Private Client, Energy and Infrastructure, FinTech and Life Sciences. Matheson work collaboratively across all areas, reinforcing a client-first ethos and utilising a broad and interconnected spread of industry and sectoral expertise to provide the full range of legal advice and services to its clients.

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