Milton Keynes Borough Council v Nulty and Others: TCC 3 Nov 2011

There had been two fires at depots owned by the claimants. They brought proceedings against an employee, but his insurers repudiated liability saying that they had not been promptly notfied of the claim.
Held: The first fire was caused either by a cigarette end discarded by Mr Nulty or it was caused by arcing from a disused electric cable which had been left live and in a dangerous condition. The second fire resulted from a failure properly to extinguish the first fire and the Court found against the deceased’s insurers on the issue of coverage under the policy.The first fire was caused either by a cigarette end discarded by Mr Nulty or it was caused by arcing from a disused electric cable which had been left live and in a dangerous condition.

Judges:

Edwards-Stuart J

Citations:

[2011] EWHC 2847 (TCC)

Links:

Bailii

Citing:

CitedRhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .

Cited by:

Appeal fromNulty and Others v Milton Keynes Borough Council CA 24-Jan-2013
There had been two fires at a depot owned by the claimants. The fires were found to have been likely to have been caused by the deceased employee. His insurers had repudiated liability saying that the had not been notified oin a timely fashion.
Lists of cited by and citing cases may be incomplete.

Negligence, Insurance

Updated: 04 November 2022; Ref: scu.463865