INSURANCE CORPORATION OF THE CHANNEL ISLANDS LTD. AND ANOTHER v. McHUGH AND ROYAL HOTEL LTD.

[1997] LRLR 94

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Mr. Justice MANCE:

Insurance (Business Interruption) - Avoidance - Restitution - Counterclaim - Series of fires at insured premises - Insurers made payment in respect of business interruption claims - Insurers alleged fraud in presentation of claim - Whether benefit under policy avoided and insurers entitled to restitution - Whether insurers affirmed or estopped from avoiding policy - Counterclaim by second defendants - Allegations of conspiracy to injure - Whether insurers in breach of duty of utmost good faith and/or in breach of agreements made with second defendants.