| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 443 (Jul) |
| Neutral Citation: | [2004] EWCA Civ 984 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thorpe, Mance LJJ and Munby J |
| Representation | Julia Dias (instructed by Stockler Brunton) for the claimant. |
| Andrew Niesh (instructed by Clyde & Co) for the defendant. | |
| Judgment Dates: | 26 July 2004 |
Catchwords
Insurance - Insurance policy - Liability insurance - Construction of policy - Exclusion clause - Judge finding 'Holdup or Robbery Limit' clause not applying to claimant's claim under policy - Correctness of decision.
The Case
On the proper construction of a clause in a Lloyd's Jewellers Block Policy, the judge had been entitled to find that the risk of a director or employee of the assured being kidnapped or approached elsewhere, and being put under some form of duress (violent or not) to take merchandise (whether overtly or surreptitiously) when later on the assured's premises, was not subject to any relevant exclusion or limit under the policy.
Practice Areas
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