Mr Paul Durose v GT Realisations Limited (Formerly Gas Tag Limited) (In administration) and 1 other — 2022

At a preliminary hearing, the tribunal considered the claimant's claim against Hiscox arising out of Gas Tag's contract of insurance. The policy contained a notification clause allowing Hiscox to withhold payment unless Gas Tag promptly notified the matters covered by that clause.

The tribunal found that neither Gas Tag nor the claimant had notified Hiscox promptly of the relevant matters. It held that section 11 of the Insurance Act 2015 did not prevent Hiscox from relying on the notification clause to exclude liability to Gas Tag.

On that basis, the tribunal found that Hiscox was not liable to pay Gas Tag in respect of losses arising from the claimant's claim, and was therefore not liable to the claimant under the Third Parties (Rights against Insurers) Act 2010. The claim against Hiscox was dismissed.

The tribunal also ordered Hiscox to pay the claimant's costs, assessed at £2,000 inclusive of VAT, under rule 76 of the Employment Tribunal Rules of Procedure 2013. The notice recorded that interest would run from 23 June 2022 at 8% if any payable sum other than costs remained unpaid after 14 days from the relevant decision day of 22 June 2022.