ABSTRACT

There appear to be no decided cases on this insured peril, apart from some indications in Spinney’s case. It is clear from the terms of the policy that this insured peril is intended to cover situations of civil disorder which arise during a war, civil war, revolution, rebellion or insurrection, or which continue after the war etc. is over. Provided that the civil disorder can factually be linked to war etc. in the sense that it “arises” from them, or from one of them (i.e. a question of causation), a claim will arise in respect of an insured object which is lost or damaged as a result. Following the indications in the Spinney’s case, it is suggested that such “civil strife” must be of a most serious nature amounting at least to a “civil commotion” and nothing less than this will cause this insured peril to operate on its own.