Defective claims notices and particulars

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Legal and contractual solutions · Loss and expense

May a loss-and-expense claim be rejected because notice or supporting particulars were not provided as required?

Conditions precedent, sufficient content and alternative remedies

Yes, where the contract clearly makes compliant notice or particulars a prerequisite or otherwise states the consequence of non-compliance. The wording, purpose and scope of the requirement must be construed precisely.

Quick answer

A claim may be rejected if the claimant fails to satisfy a clear contractual prerequisite, but the consequence cannot be assumed

Check who must notify, what must be stated, when time starts, the service method, continuing particulars and the consequence of failure. A bare reservation may be insufficient where the recipient needs enough material to assess entitlement and exposure. Failure under one contractual route does not invariably exclude damages for breach or another remedy; clear wording is required to remove those rights. Waiver and estoppel depend on proven words or conduct and should not be presumed.

IssuePosition
Clear condition precedentNon-compliance may extinguish the stated entitlement
Prejudice-based clauseRecovery may survive to the extent investigation was not impaired
Insufficient contentA notice of intention may not satisfy a required claim
Alternative damages claimDepends on the scope of the exclusion wording
Waiver or estoppelRequires separate factual and legal proof

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