Question number two: Read the case carefully and answer the questions given below. Each

question carries different marks. [20 MARKS]

Irfan owns a cars showroom in Rawalpindi that has been previously insured with company X. In

2016, he made a claim under insurance contract when the roof of his showroom was damaged by

seasonal rains during the monsoon season.

In early 2019 Irfan sought insurance from company Z. Z Company asked Irfan if he had made any

insurance claims under any other insurance contract, Irfan stated he had not made any claims.

Z Company provided Irfan with the insurance for his showroom. It is a strict condition of the contract

that daily maintenance of the building shall be carried out including roof cleaning and opening of

water ways.

One day Irfan fails to carry out roof cleaning and did not open the water ways. Unfortunately, heavy

showers followed in same night consequently huge amount of water accumulated on the roof of his

showroom. Since the water ways were closed, roof got severely damaged and leakage was observed.

Considering the scope of damage and repairs involved, Irfan seeks to make a claim under the

insurance contract with Z Company. The claim adjustor receives the claim and registers it. It is his job

to investigate, assess and process the claims. The claim adjustor makes a superficial visit and

approves Ifran's claim. Proceeds are allotted to Irfan under his insurance policy. In final stages of

repairs, the insurance company suspects that the damage caused to the show room could be a

possible mistake on part of Irfan's performance. Later it was discovered that Irfan was previously

registered with another insurance company and made a similar claim.

question: How does the clause 'that daily maintenance of the building shall be carried out including roof cleaning and opening of water ways' affect the liability of the insurance company?