Perils: Property insurance claims newsletter, February 2026
Welcome to the February edition of Perils. In this edition, we consider recent cases and related topics of interest for those involved in handling property and business interruption (BI) claims.
From marine insurance pay-first clauses and domestic property misrepresentation disputes to housing warranty coverage for cladding defects, environmental nuisance litigation and parent company liability for catastrophic failures, this edition covers the critical issues shaping insurance coverage.
The MS Amlin Marine decision provides valuable guidance on how courts reconcile policy terms that appear to conflict, with principles extending well beyond marine insurance to property damage and liability policies. Meanwhile, the Bellhouse case raises important questions about attribution of misrepresentation where insurers themselves complete proposal forms with assumptions – a scenario increasingly common in digital insurance platforms.
The Vivid Housing judgment offers crucial clarity on what constitutes "imminent" damage in the context of fire safety defects, adopting a commercially sensible approach that recognises the constant nature of fire risk. The Andrews nuisance case demonstrates the high threshold claimants must meet to establish substantial interference, whilst highlighting the courts' scrutiny of expert evidence quality. Finally, the Município de Mariana decision serves as a stark reminder of the liability risks facing parent companies that assume operational control and risk management responsibilities for their subsidiaries.
I hope you find this edition interesting and insightful. If you would like to discuss any of the topics raised in this edition, please do get in touch.
Contents
- Bellhouse v Zurich: Testing the limits of insurer assumptions under CIDRA
- Vivid Housing v Allianz: Interpreting imminent threat in warranty insurance claims
- When does dust, odour and noise become 'nuisance'? Insights from Andrews v Krononspan
- MS Amlin Marine NV v King Trader Ltd: Policy interpretation guide
- Município de Mariana v BHP Group (UK) Ltd: Liability and risk
Contact
Rachael Murphy
Principal Associate
rachael.murphy@brownejacobson.com
+44 (0)115 976 6219
You may be interested in
Legal Update
When does dust, odour and noise become 'nuisance'? Insights from Andrews v Krononspan
Legal Update
Vivid Housing v Allianz: Interpreting imminent threat in warranty insurance claims
Legal Update
Bellhouse v Zurich: Testing the limits of insurer assumptions under CIDRA
Legal Update - Perils: property insurance newsletter
Perils: Property insurance claims newsletter, February 2026
Legal Update
UK audit reform retreat: Weak response and implications for insurers
Legal Update
The rising tide of civil unrest: Critical implications for insurers
Legal Update
Covid-19 business interruption claims: Supreme Court appeal on furlough deductions
Legal Update
UK data centre expansion creates insurance challenges
Legal Update
Cyber attacks: Could brokers be in the firing line?
Legal Update
“New low” for ransomware cybercriminals an opportunity for cyber insurers?
Legal Update
When does time start running? The limitation quirk in insurance coverage claims
Legal Update
The meaning of "property damage": Lessons from Insurance Australia v Capral
Legal Update
Flooded with doubt: Court assesses fraud allegations in Malhotra Leisure
Legal Update
Representations, warranties and conditions precedent: Lonham Group v Scotbeef
Legal Update
Martyn’s Law: When remembrance meets the market
Legal Update
Covid-19 BI claims update: Are furlough payments a BI loss?
Legal Update
When frozen pipes crack legal certainty: Land Energy Girvan v Aspen Insurance
Legal Update
Another look at the meaning 'property damage': Capral Ltd v Insurance Australia
Legal Update - Perils: property insurance newsletter
Perils: Property insurance claims newsletter, Summer 2025
Legal Update
How accurate are your IPIDs?
Legal Update
The LA fires: Counting the insurance cost
Legal Update
North Carolina Supreme Court COVID-19 decision in North State Deli v Cincinnati Insurance Co
Legal Update
Weather protection parametric insurance: A sign of things to come?
Legal Update
Smooth sailing ahead: The LMA's new Open Form Default Clause
Legal Update
Oklahoma earthquake: Racial discrimination in adjudication
Legal Update
Words matter: Another case on the importance of accurate drafting
Legal Update
Parametric flood policies - Insurers no longer in uncharted waters?
Legal Update
Insurance and the escalating situation in Suez Canal
Legal Update
Energy insurance: Technip Saudi Arabia Limited v The Mediterranean and Gulf Cooperative Insurance and Reinsurance Company ('Medgulf')
Published Article
Deal over jets stranded in Russia may serve as blueprint
Legal Update
The Luton Airport car park fire – implications for insurers
Legal Update
Australian Court of Appeal considers welding exclusion
Legal Update
Contractors' liability and contract works exclusion
Legal Update
FOS: complaints involving damage to underground pipes
Legal Update
Incorrectly named insured policy dispute - was the broker or insurer liable?
Legal Update
Property damage oil spills, reliance and duties of delivery drivers
Legal Update
Recklessness not ‘accidental’ when it comes to trespass
Legal Update
Underlying contracts remain key in arguments over scope of co-insurance
Legal Update
Insurance considerations following use of RAAC concrete
