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

Lloyd's Reinsurance Law Reports

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.

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