Ted Baker plc and another v AXA Insurance UK plc and others

Insurance – Property insurance. Although the trial judge in an insurance claim case had failed to deal with the issue of estoppel by acquiescence on the part of the insurers, arising out a failure to speak when under a duty to do so, he had nevertheless been correct to have concluded that the policy holders had failed to demonstrate that on each occasion of theft, stock with a value of more than £5,000 was stolen, so that it could not demonstrate that its loss of profit resulting from each theft exceeded the policy excess of £5,000. On that basis, the Court of Appeal, Civil Division unanimously dismissed the appeal.

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