If a company failed to comply with their duties under the FSO, Am I right in saying that their Insurance against fire maybe be invalid? if so would this be just the fire risk or would it invalid the insurance policy as a whole? Thanks for any replies, kind regards.
To help you with your research on this matter consider the following.
It may not necessarily invalidate a buildings and contents policy but it could be that the insured may be penalised for contributing to the loss by failing to provide and maintain any fire safety and prevention measures or good working practices, particularily where is a legal requirement to do so.
The actual policy, not the glossy sales flyer, may have in the small print a clause where the insured would be expected to take adequate measures to prevent a fire or loss. A failure to have an electrical installation adequately maintained, as is required in legislation, could be a get out for the insurer if a poorly maintained or defective installation resulted in a fire. It could be viewed as contributary negligence.
Consider yourself an insurer. Would you not expect someone you have insured to take reasonable steps to prevent loss or damage when it could have easily have been prevented?
Look at your car insurance policy. You may well see that there is a clause regarding a requirement for you to maintain the vehicle in good mechanical repair as a term and condition of cover.
