Insurance Notes
Tag: non 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 …
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 …
Another recycling plant fire, another non-disclosure case
Summary In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court held it was material to the assessment of a risk under an all …
No Inducement: Court of Appeal upholds first instance decision
The Court of Appeal has upheld the decision of the Commercial Court that a reinsurer failed to establish that material non-disclosure of past loss …
Non-disclosure clauses: when is a non-disclosure "deliberate or fraudulent"?
In Mutual Energy Ltd v Starr Underwriting Agents Ltd [2016] EWHC 590 (TCC), Mr Justice Coulson considered the proper construction of a clause which …
A "blot on English insurance law"
Insurers successfully avoided a policy on the grounds of inadvertent non-disclosure. The High Court commented on the different outcome that would have …