MALIK V MONEYWISE INVESTMENTS PLC

High Court, Queens Bench Division, Mr John Leighton Williams, 1 May 2008

Insurance (property) – Broker – Insurers avoiding policy – Whether relevant information given by assured to broker

The claimant operated a public house, and he instructed the defendant insurance brokers to arrange insurance for him on contents, fixtures, fittings and loss of profits. Following a fire the insurers avoided the policy on the ground that the assured had failed to disclose in response to an express question that he charged for admission on Fridays and Saturdays. The court held that the claimant had informed the brokers that there was no charge for admission and accordingly that they had not been in breach of duty.