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Aslam v Aviva Insurance Group [2014] EWCA Civ 1043 (01 July 2014)
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The case concerns a claim by Mr Aslam against Aviva in respect of what Mr Aslam contended was its wrongful failure to indemnify Mr Aslam in respect of losses which he claimed to have suffered as a result of the theft of property from premises from which he conducted business.
The claim was advanced in respect of a contract of insurance which Aviva accepted was effective from 4 October 2007 to 3 October 2008. The risk address was originally 5 Nottingham Drive, Ashton-under-Lyne, but from 20 January 2008 that address changed to 85 Ten Acres Lane, Newton Heath, Manchester.
Mr Aslam had contended that on 26 August 2008 armed intruders entered the premises at 85 Ten Acres Lane, held him at gunpoint and stole equipment from the premises, which equipment Mr Aslam had bought and which had a value of around £70,000. Mr Aslam contacted the police and it seems that the alleged burglary was investigated by Detective Sergeant Catney. However, the police eventually concluded that there were concerns about whether the alleged crime had ever taken place and for that reason, perhaps amongst others, no crime reference was ever provided to Mr Aslam.
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He held that Mr Aslam had failed to establish on the balance of probabilities that he had ever sustained the loss; that he had failed to establish that he had ever bought the equipment that he had alleged had been stolen; and that he had failed to establish that there was ever a burglary.
The case concerns a claim by Mr Aslam against Aviva in respect of what Mr Aslam contended was its wrongful failure to indemnify Mr Aslam in respect of losses which he claimed to have suffered as a result of the theft of property from premises from which he conducted business.
The claim was advanced in respect of a contract of insurance which Aviva accepted was effective from 4 October 2007 to 3 October 2008. The risk address was originally 5 Nottingham Drive, Ashton-under-Lyne, but from 20 January 2008 that address changed to 85 Ten Acres Lane, Newton Heath, Manchester.
Mr Aslam had contended that on 26 August 2008 armed intruders entered the premises at 85 Ten Acres Lane, held him at gunpoint and stole equipment from the premises, which equipment Mr Aslam had bought and which had a value of around £70,000. Mr Aslam contacted the police and it seems that the alleged burglary was investigated by Detective Sergeant Catney. However, the police eventually concluded that there were concerns about whether the alleged crime had ever taken place and for that reason, perhaps amongst others, no crime reference was ever provided to Mr Aslam.
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He held that Mr Aslam had failed to establish on the balance of probabilities that he had ever sustained the loss; that he had failed to establish that he had ever bought the equipment that he had alleged had been stolen; and that he had failed to establish that there was ever a burglary.
