A claimant's unoccupied property was extensively damaged by fire and the claimant sought a declaration for indemnity entitlement and damages for breach of the insurance policy against its insurer. The insurer alleged that the insured had breached an unoccupied property warranty stated in the policy in relation to the securing of a particular door and window. On the facts, the judge found that the insured had not breached a warranty and was entitled to payment under the insurance policy. In addition, the judge agreed that the insured was entitled to damages for breach of policy.

Maritsave Limited v National Farmers' Union Mutual Insurance Society Limited

Queen’s Bench Division (High Court)

Supperstone J

1 July 2011