ANDERS & KERN UK LTD v CGU INSURANCE PLC

[2008] Lloyd's Rep IR Plus 15

COURT OF APPEAL

Before Lord Justice Buxton, Lord Justice Tuckey and Lord Justice Toulson

Insurance (theft) – Policy clause requiring assured to maintain intruder alarm when premises were unoccupied unless there was violence or a threat of violence – Whether reasonable belief of threat of violence sufficed – Whether term to be implied to allow premises to be unoccupied in the event of threat of violence – Whether insurers under duty to consider retroactively a request to give consent to premises being left unoccupied and unalarmed.