Insurance Notes
Tag: duty of disclosure
Showing 7 out of 7 results
Non-disclosure of criminal charges – first Insurance Act 2015 avoidance
The High Court has considered again the issue of non-disclosure of criminal charges against an innocent insured and found that an insurer could avoid a …
What's on the menu? Insurers must ask the right questions at placement
In Ristorante Limited T/A Bar Massimo v Zurich Insurance Plc [2021] EWHC 2538 (Ch), the Court considered the interpretation and legal effect of a …
Court finds summary judgment not suitable for determining issue of inducement
The Commercial Court in Kjaergaard v MS Amlin Insurance SE [2021] EWHC 2096 (Comm) found that the insured was not entitled to summary judgment on its …
Court of Appeal rules on test for inducement pre-Insurance Act 2015
The Court of Appeal has dismissed the insurer's appeal in Zurich Insurance Plc v Niramax Group Ltd [2021] EWCA Civ 590. Upholding the first instance …
Scottish Appeal Court revisits first Insurance Act 2015 decision on whether an insurer had waived its right to disclosure
The Scottish Inner House has dismissed the insured’s appeal in Young v Royal and Sun Alliance Insurance Plc [2020] CSIH 25. Upholding the Outer House …
First Insurance Act 2015 decision considers whether an insurer had waived its right to disclosure
Young v Royal and Sun Alliance plc [2019] CSOH 32 is the first case to be decided under the Insurance Act 2015. It was alleged that the insured had …
HIGH COURT RULES THAT BROKER WAS NOT IN BREACH OF DUTY IN FAILING TO PROVIDE ORAL ADVICE IN RELATION TO THE DUTY TO DISCLOSE
In holding that a broker was not in breach of duty by failing to give oral advice in relation to the disclosure of criminal convictions the Court has …