Contributed By Matheson (Dublin - HQ)
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.