A Huddersfield landlord whose property was gutted by fire will not get a penny from insurers because he didn’t tell them he was facing trial on an assault charge.
Mohammed Ashfaq claimed on his insurance after his house in Inglewood Avenue, Birkby , which he let to students, went up in flames in July 2012.
His policy with the International Insurance Company of Hanover covered him for up to £280,000 in fire damage and £56,000 for loss of rent.
But when he took out the policy he failed to tell the insurer that he was awaiting trial on a charge arising from an altercation with a former work colleague.
The form he filled in had specifically asked him if he had any convictions or pending prosecutions, other than for motoring offences, to which he answered ‘no’.
In March 2012 he was convicted of common assault before magistrates, fined £100 and hit with a 24-month restraining order, London’s Appeal Court heard.
And, when the Hanover found out about that, they refused to pay up under the policy.
Mr Ashfaq took the insurance company to court, but had his case dismissed by Judge John Behrens in 2015.
He battled on before the Court of Appeal, saying the assault charge was “extremely minor” and “not material” to the insurance policy.
But now Lord Justice Flaux, sitting with Lords Justice McFarlane and Briggs, has finally dashed his hopes of winning an insurance payout.
The judge said Mr Ashfaq was in the business of letting the property to students and so did not have any consumer protection rights.
The Hanover had an “unanswerable case” that it was not obliged to pay up under the policy, he concluded.