Charles Bellhouse & Anor v Zurich Insurance Plc

Charles Bellhouse & Anor v Zurich Insurance Plc

Zurich's defences on misrepresentation and contract works exclusion have a real prospect of success but are inadequately pleaded; Zurich is granted opportunity to provide short particulars clarifying how the misrepresentation was communicated and relied upon, and how contract works exclusion applies. The first limb of contract works exclusion (treating entire property as contract works) is struck out as unsustainable in law and fact.

Parties
Claimant: Charles Bellhouse; Claimant: Biborka Bellhouse; Defendant: Zurich Insurance Plc
Jurisdiction
England and Wales
Judgment Date
18 June 2025
Procedural Posture
Civil (insurance Contract Dispute) / Application for Strike Out and Summary Judgment (interlocutory)
Outcome
Claimants' application to strike out and for summary judgment dismissed (except as to first limb of contract works exclusion); Zurich ordered to provide further particulars of defences.
Legal Topics
Consumer Insurance (disclosure and Representations) Act 2012, Fraudulent Misrepresentation, Policy Exclusions, Summary Judgment, Strike Out, Pleading Standards
Insurance Law Contract Law Civil Procedure Consumer Insurance (disclosure and Representations) Act 2012 Fraudulent Misrepresentation Policy Exclusions Summary Judgment Strike Out +1 more

Case Brief

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Parties

Charles Bellhouse

Claimant

Biborka Bellhouse

Claimant

Zurich Insurance Plc

Defendant

Procedural Posture

Civil (insurance Contract Dispute) / Application for Strike Out and Summary Judgment (interlocutory)

Legal Issues

  1. 1 Whether claimants made a qualifying fraudulent misrepresentation under CIDRA
  2. 2 Whether Zurich relied on any misrepresentation when incepting the policy
  3. 3 Whether contract works exclusion applies to the claim

Ratio Decidendi

Zurich's defences on misrepresentation and contract works exclusion have a real prospect of success but are inadequately pleaded; Zurich is granted opportunity to provide short particulars clarifying how the misrepresentation was communicated and relied upon, and how contract works exclusion applies. The first limb of contract works exclusion (treating entire property as contract works) is struck out as unsustainable in law and fact.

Court Disposition

Claimants' application to strike out and for summary judgment dismissed (except as to first limb of contract works exclusion); Zurich ordered to provide further particulars of defences.

Orders

  • Zurich's reliance on first limb of contract works exclusion struck out; summary judgment entered against Zurich on that issue.
  • Zurich to file short particulars (max 6 pages) clarifying misrepresentation and contract works exclusion defences.