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Tag: duty of disclosure

Showing 7 out of 7 results

18 November 2021

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 …

09 November 2021

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 …

14 October 2021

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 …

25 May 2021

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 …

19 May 2020

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 …

18 June 2019

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 …

11 July 2018

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 …