Insurer wins case in Court of Appeal

The case, Kosmar Villa Holidays plc v Trustees of Syndicate 1243, arose from injuries to a 17-year-old client of Kosmar’s, who was seriously injured when he dived into the shallow end of a swimming pool while on holiday.

Although Kosmar was aware of the accident at the time and the seriousness of the injuries, it did not inform its insurers of the accident until more than a year later.

At first instance the judge rejected insurers’ defence and held that they had elected to deal with the