Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWHC 3548 (Comm) (30 October 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWHC 3548 (Comm) (30 October 2014)

The claimants failed to comply with the claims co-operation and information provision clauses, which were conditions precedent to liability. The information provided was insufficient and not timely, and the claimants' refusal to provide further details until liability was admitted was unjustified. There was no...

Source-derived case information.

Citation
[2014] EWHC 3548 (Comm)
Parties
Claimant: Ted Baker PLC; Claimant: No Ordinary Designer Label Ltd; Defendant: AXA Insurance UK PLC; Defendant: Fusion Insurance Services Ltd; Defendant: Tokio Marine Europe Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Commercial Insurance Claim / Final Judgment After Trial on Quantum and Claims Co Operation Issues
Outcome
Claim dismissed
Legal Topics
Business Interruption Insurance, Employee Theft, Claims Co Operation Clauses, Quantum of Loss, Policy Interpretation
Insurance Law Commercial Law Business Interruption Insurance Employee Theft Claims Co Operation Clauses Quantum of Loss Policy Interpretation

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Summary, issues, holding and outcome

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Parties

Ted Baker PLC

Claimant

No Ordinary Designer Label Ltd

Claimant

AXA Insurance UK PLC

Defendant

Fusion Insurance Services Ltd

Defendant

Tokio Marine Europe Insurance Ltd

Defendant

Procedural Posture

Commercial Insurance Claim / Final Judgment After Trial on Quantum and Claims Co Operation Issues

Legal Issues

  1. 1 Whether the claimants are entitled to business interruption losses under the insurance policies for employee theft
  2. 2 Whether the claimants complied with claims co-operation and information provision clauses
  3. 3 How quantum of loss should be calculated under the policies

Ratio Decidendi

The claimants failed to comply with the claims co-operation and information provision clauses, which were conditions precedent to liability. The information provided was insufficient and not timely, and the claimants' refusal to provide further details until liability was admitted was unjustified. There was no waiver, estoppel, or acquiescence by the defendants. As a result, the claim fails in its entirety. Even if the claimants had complied, they failed to prove losses above the policy excess. The defendants' claim for premium rebates does not arise.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • No order on premium rebates as claimants did not succeed