MALHOTRA LEISURE LTD V AVIVA INSURANCE LTD

[2025] EWHC 1090 (Comm), King's Bench Division, Commercial Court, Nigel Cooper KC, 7 May 2025

Insurance (property) – Damage to hotel by escaping water – Whether loss was fortuitous – Whether claim was fraudulent – Effect of express fraud clause

The assured owned a hotel in Newcastle. It was damaged by water escaping from a cold-water storage tank. The insurers claimed that the loss was deliberately caused by the assured.