Smyth v St Andrew’s Insurance Plc: QBD 17 Sep 2012

Damages claim by a home owner against his insurers for (in effect) indemnity in respect of fire damage. The defendant insurers deny liability on the grounds that the fire, they allege, was deliberately started by a member of the home owner’s family (his partner), and that the resultant damage therefore falls within an exception to the cover under the policy. The Claimant disputes this on the facts, and suggests, subject always to the burden of proof resting on the insurers, that the more likely cause of this fire was accident.

Judges:

John Randall QC, Deputy Judge

Citations:

[2012] EWHC 2511 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance

Updated: 22 November 2022; Ref: scu.464395