Whilst Airmic welcomes the positive changes to English insurance law brought about by the Insurance Act 2015 (the "Act"), experience suggests that the use of conditions precedent to liability has actually increased.
Airmic is joined by Alex Oddy of Herbert Smith Freehills, who has prepared guidance for Airmic members on how they can identify these policy clauses and understand their effects. This includes recognising "sweeper" clauses, which can make compliance with everything that the policy requires to be done by the insured a condition precedent to the insurer's liability to pay a claim.
Alex also shares a solution for members to guard against the consequences that a breach of a condition precedent to liability can bring about in relation to claims.