AC Ward & Son v Catlin (Five) Ltd & Ors

AC Ward & Son v Catlin (Five) Ltd & Ors

The Claimant has a real prospect of succeeding on its interpretation of the warranties, and the factual matrix and contractual terms are sufficiently arguable to warrant a full trial rather than summary judgment.

Parties
Claimant: AC Ward & Son; Defendant: Catlin (Five) Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
10 September 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Insurance Warranties, Summary Judgment Procedure, Commercial Insurance Policy Terms
Insurance Law Contract Law Interpretation of Insurance Warranties Summary Judgment Procedure Commercial Insurance Policy Terms

Case Brief

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Parties

AC Ward & Son

Claimant

Catlin (Five) Ltd & Ors

Defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Dismissal

Legal Issues

  1. 1 Whether the Protections Maintenance Warranty applies only to protections notified to the insurer prior to inception
  2. 2 Whether the Burglar Alarm Maintenance Warranty applies only to a burglar alarm system identified in the Schedule
  3. 3 Whether breach of warranty occurs only if defects are known or reasonably ought to be known and not remedied

Ratio Decidendi

The Claimant has a real prospect of succeeding on its interpretation of the warranties, and the factual matrix and contractual terms are sufficiently arguable to warrant a full trial rather than summary judgment.

Court Disposition

Appeal dismissed

Orders

  • No order on the Respondent’s Notice