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 [2011] 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.

 You can read the full update here.

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Posted by Ann Leung on Friday 09 Dec 2011

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