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 policy to be notified to insurers and terminating cover if notification is not given. The English courts have often given such clauses a narrow construction. However, in Qayyum Ansari v New India Assurance Ltd [2009] EWCA Civ 93, the Court of Appeal upheld the first instance decision that an appropriately worded policy term could widen the basis upon which a change in the risk might provide grounds for insurers to discharge the policy.

For legal
advice call
our team
of experts

We’re based in Bolton (Greater Manchester), but help clients in the North West and throughout the UK.

Bolton (Head Office)

Hamill House
112-116 Chorley New Road
Bolton
BL1 4DH

Burnley Office

Northbridge House
Elm Street Business Park
Elm Street
Burnley, BB10 1PD

Call us today on

01204 565 234

Call us today on

01282 575 234