“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
