Kyle Bay Ltd t/a Astons Nightclub v Underwriters Subscribing under Policy No. 019057/08/01 [2007]

This case relates to a business interruption settlement which was reduced by the application of average. The insured was represented by a firm of loss assessors and the insurer by a Chartered Loss Adjuster.

Following the settlement of the claim a case was presented to court and the judge asked to consider three aspects: rectification, voidance due to mistake, and misrepresentation. The finding was no rectification, no voidance and no misrepresentation. This decision was upheld on Appeal.

The judgment can be obtained from: http://www.bailii.org (link will open in new window)

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