In a recent judgment, the High Court has dismissed a claim under a Warranty & Indemnity (W&I) insurance policy on the basis that the policyholder had not established a breach of warranty covered by the policy: Finsbury Foods Plc v Axis Corporate Capital Ltd & Ors [2023] EWHC 1559 (Comm).
The decision acts as a reminder that a claim under a W&I policy will only succeed where the insured can establish a breach of the warranties covered by the policy - and (relatedly) that contractual warranties should be carefully drafted to ensure they are clear and unambiguous.
For more information see this post on our Insurance Notes blog.
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