Description
Insurance- Doctrine of Election. The consequence of a failure on the part of an insured to comply with a condition precedent requiring the immediate notification to the insurers of the occurrence of any injury or damage was not that the insurers were automatically discharged from liability, but rather that their duty to pay a claim for which they otherwise would, or might have been liable under the policy, had not arisen. The insurers remained free to choose whether to reject the claim or to accept it, notwithstanding the failure to notify and there was therefore scope for the doctrine of election to apply.
