Question
You are a claims handler for an insurer. One of its policyholders, NMO Ltd, a hotel chain, has a commercial combined insurance policy. You have
You are a claims handler for an insurer. One of its policyholders, NMO Ltd, a hotel chain, has a commercial combined insurance policy. You have received a claim from NMO Ltd. NMO Ltd states that, following an inspection by the Fire Service and in accordance with its legal powers to do so, one of NMO Ltd's hotels was closed without any notice. This closure was due to inadequate fire safety provision. During the inspection, one of the Fire Service's employees was seriously injured, due to difficulty accessing part of the structure of the hotel. The hotel accepts that better provision could have been made for access to the structure, but argues that the Fire Service employee did not need to enter that part of the building. The Fire Service employee has made a claim for the injury they sustained at NMO Ltd's hotel. The hotel has informed those guests with future bookings about the closure and current guests have been accommodated elsewhere. Several future guests, all of whom booked directly with the hotel, have claimed compensation in respect of the cancelled bookings. You are now investigating the various claims submitted. (a) Discuss the basis on which the liability might be established against NMO Ltd for the Fire Service employee. Refer to one relevant statute in support of your discussion. (12) (b) Explain, with justification, any defences that may be available to NMO Ltd in respect of the Fire Service employee. (8) (c) Discuss NMO Ltd's potential liability in respect of the cancelled bookings. Refer to one relevant case in support of your discussion.
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