Kelly v Norwich Union Fire Insurance Society
Kelly v Norwich Union Fire Insurance Society
- 1989
- Lloyd`s Law Reports (1989) Vol 2, 333-340(8) .
CA 5 April 1989 Appeal by Kelly (K) against a High Court decision in favour of Norwich Union (N) that damage caused to an insured building by a burst water pipe in 1977 was not within the terms of the insurance policy , not having occurred during the currency of the insurance. CA held, dismissing the appeal, that under the policy the insurance company would indemnify K in respect of events occuring during the period of insurance and that he was entitled to an indemnity if the insured peril occured during the terms of the policy. However, in this case the peril causing the loss or damage occurred before the policy began and therfore K was not entitled to be indemnified for any loss or damage which occurred during the term of the policy.
INDEMNITY INSURANCE
CA 5 April 1989 Appeal by Kelly (K) against a High Court decision in favour of Norwich Union (N) that damage caused to an insured building by a burst water pipe in 1977 was not within the terms of the insurance policy , not having occurred during the currency of the insurance. CA held, dismissing the appeal, that under the policy the insurance company would indemnify K in respect of events occuring during the period of insurance and that he was entitled to an indemnity if the insured peril occured during the terms of the policy. However, in this case the peril causing the loss or damage occurred before the policy began and therfore K was not entitled to be indemnified for any loss or damage which occurred during the term of the policy.
INDEMNITY INSURANCE