Notable Cases

IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION

IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION Qayyum Ansari V New India Assurance Limited Neutral Citation Number: [2009] EWCA Civ 93 Case NO A3/2008/1317 Lord Justice Waller, Lord Justice Thomas and Lord Justice Moore-Bick, 18 February 2009 https://knyvet.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2009/93.html&query=(ansari)+AND+(v)+AND+(new) Mr. Timothy Saloman Q.C. and Mr. Jeffery Terry (instructed by Mubasher Khan of HSK LLP) for the appellant. Summary: Insurance – Buildings – Insurance against fire – Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form – Non-invalidation clause permitting recovery if assured unaware of alteration – Sprinkler system not operative and tenant changing use of buildings – Whether breach of policy term – Whether assured could rely on non-invalidation clause It is common for insurers to insert provisions into policies requiring increases of risk during the

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