An article written by Mo Rajabali has been published in The Lawyer’s Daily. The article is called “Relief from forfeiture in context of recoverable depreciation“.
Mo addresses a Court of Appeal decision involving a dispute over whether an insurer had to pay its insured $3 million in depreciation costs following the destruction of a building from a fire.
In the article, Mo says: “in order to waive a default by the insured, the communications by the insurer must demonstrate an unequivocal and conscious intention to unconditionally waive the default. An insurer is entitled to consider granting relief from forfeiture without waiving any rights under the policy or under any agreements”.