The plaintiffs obtained a judgment against a bankrupt property maintenance company for injuries sustained in a slip and fall.
They subsequently brought an action against the company's insurer under s. 132 of the Insurance Act.
The insurer argued it was not liable because the insured failed to provide notice of the claim.
The Court of Appeal held that notice provided by a co-defendant property owner was effective under the policy's liability conditions, which allowed notice to be given 'by or for' the insured.
Alternatively, the court found the plaintiffs were entitled to relief from forfeiture under s. 129 of the Insurance Act, as the failure to give timely notice constituted imperfect compliance and the insurer suffered no prejudice.
