Perils: Property insurance claims newsletter, Summer 2025
01 September 2025
Welcome to the Summer 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.
We revisit the meaning of ‘property damage’ in Capral v Insurance Australia, explore the intricacies of representations, warranties and conditions precedent in Lonham v Scotbeef and consider the challenges associated with fraud allegations in flood-related claims. We also take a quick look at the impact of an exclusion amended by endorsement upon a frozen pipe claim.
We take a look at the latest developments in the ongoing Covid-19 BI claims, and we also consider the implications for public venues and their insurers of the introduction (in early 2027) of The Terrorism (Protection of Premises) Act 2025 (“Martyn’s Law”).
We hope you find this edition an insightful read. If you would like to discuss any of the topics raised in this edition, please do get in touch.
Contents
- Covid-19 BI claims update: Are furlough payments a BI loss?
- When frozen pipes crack legal certainty: Land Energy Girvan v Aspen Insurance
- Another look at the meaning 'property damage': Capral Ltd v Insurance Australia
- Flooded with doubt: Court assesses fraud allegations in Malhotra Leisure
- Martyn’s Law: When remembrance meets the market
- Representations, warranties and conditions precedent: Lonham Group v Scotbeef
Contributors
Laura Brown
Senior Associate
Rachael Murphy
Principal Associate
Tom Murrell
Associate
Colin Peck
Partner
Alice Smith
Trainee Solicitor
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