A fish and chip shop/restaurant owner who allegedly breached a "Frying Range Warranty" has won the first round of its legal battle with its insurer in relation to a fire claim. The owner of the building also won the preliminary skirmish.
The Seashell of Lisson Grove Ltd & Ors v Aviva Insurance Limited and Ors  EWHC 1761 is a recent UK House of Lords decision (1 November 2011). In that case the Commercial Court considered, as preliminary points, the construction and scope of a breach of warranty clause and two non-invalidation clauses. The claimants won each point. The decision is of relevance to legal and/or industry practitioners in Hong Kong and other common law based jurisdictions in the Asia-Pacific. However, in Australia, the Insurance Contracts Act 1984 put the issues raised in this matter beyond dispute long ago.
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