Source: All England Reporter
Publisher Citation: [2010] All ER (D) 14 (Feb)
Neutral Citation: [2009] EWHC 3671 (QB)
Court: Queen's Bench Division, Mercantile Court
Judge:

Peter Leaver QC sitting as a deputy judge of the High Court

Representation Marcos Dracos (instructed by Edwin Coe LLP) for the claimants.
  Noel Casey (instructed by Reynolds Porter Chamberlain) for the defendants.
Judgment Dates: 22 December 2009

Catchwords

Insurance - Policy - Construction - Jewellery shop owners claiming on insurance policy following theft - Insurers refusing to pay on basis that owners in breach of condition precedent for indemnification - Whether owners giving insurer such information regarding property stolen as insurers reasonably requiring and being in the insured's power.

The Case

Insurance Policy. The Mercantile Court held in construing a policy of insurance that, on the facts, the insured had fulfilled the general condition in their insurance policy of giving the insured such information as to the property lost as the insurers might reasonably require and as might be in the insured's power. The insurers were therefore liable for the loss.

Practice Areas

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