Anders & Kern UK Ltd (t/a Anders & Kern Presentation Systems) v CGU Insurance Plc (t/a Norwich Union Insurance)
The Intruder Alarm Condition was incorporated into the policy and breached; neither attendance nor a working alarm was present. No implied term modifies the allocation of risk. The insurer acted in good faith and was entitled to refuse indemnity. The threat of violence exception does not apply in these circumstances.
- Parties
- Claimant: Anders & Kern UK Limited; Defendant: CGU Insurance PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 01 March 2007
- Procedural Posture
- Commercial Insurance Claim / Final Judgment
- Outcome
- Judgment for the Defendant
- Legal Topics
- Policy Interpretation, Implied Terms, Exclusion Clauses, Burglary Insurance, Risk Allocation
Case Brief
Summary, issues, holding and outcome
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Parties
Anders & Kern UK Limited
Claimant
CGU Insurance PLC
Defendant
Procedural Posture
Commercial Insurance Claim / Final Judgment
Legal Issues
- 1 Whether the Intruder Alarm Condition (IAC) applied and was breached
- 2 Whether the IAC was incorporated into the policy
- 3 Whether implied terms should modify the IAC
Ratio Decidendi
The Intruder Alarm Condition was incorporated into the policy and breached; neither attendance nor a working alarm was present. No implied term modifies the allocation of risk. The insurer acted in good faith and was entitled to refuse indemnity. The threat of violence exception does not apply in these circumstances.
Court Disposition
Judgment for the Defendant
Orders
- Claim dismissed
- No indemnity payable under the policy
Full Case Text
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