The insurance policy warranted that the premises would be always occupied. The premises were damaged while the insured and his wife were absent for a few hours.
Held: The warranty did not require a permanent continuous presence, and the insurer did not avoid liability. If the insurers had wanted a ‘continuous presence of some one in the premises’, they could have stipulated that ‘the premises were never to be left unattended’.
Judges:
Roche J
Citations:
[1920] 1 KB 843
Jurisdiction:
England and Wales
Cited by:
Cited – GE Frankona Reinsurance Ltd v CMM Trust No.1400 (the ‘Newfoundland Explorer’) AdCt 22-Mar-2006
The owner sought to claim under his insurance policy. The yacht was, in the policy warranted to be fully crewed at all times. The owner had left the boat to return a few hours later when it was found on fire.
Held: The insurance claim failed. . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 01 December 2022; Ref: scu.242639
