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Part II The Bermuda Form in Detail, 9 Requirement of Notice of Claim

David Scorey, Richard Geddes, Chris Harris

From: The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance (2nd Edition)

David Scorey QC, Richard Geddes, Chris Harris

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Claims on insurance

This chapter discusses policyholder's obligation to provide notice of a claim to the insurer under the Bermuda Form. First, the requirement of written notice is expressly stated to be a condition precedent to any liability on the part of the insurer to provide an indemnity, thereby reflecting the general approach of New York law to the need to provide notice to an insurer. Second, as an ‘occurrence reported’ model of liability insurance, the written notice of a claim fixes the contractual limits, terms, and exclusions that will then apply to the occurrence for which notice has been provided. The central importance of notice to the Bermuda Form is highlighted by the fact that an entire section of Form XL004 is devoted to this topic, namely Article V.

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