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ARTICLE · 18 MAY 2022

Proportionate Remedies For Misrepresentation

Dillon Eustace
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In Tolan v McLaughlin & Greaney Insurances Limited T/A Future & Zurich Insurance PLC, [2022] IECA 27, the Court of Appeal upheld the decision of the High Court dismissing the plaintiff's claim against, Future, his insurance brokers, and Zurich Insurance plc.

IrelandInsurance
Peter Bredin
Peter Bredin
Rachel Turner
Rachel Turner
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In Tolan v McLaughlin & Greaney Insurances Limited T/A Future & Zurich Insurance PLC, [2022] IECA 27, the Court of Appeal upheld the decision of the High Court dismissing the plaintiff's claim against, Future, his insurance brokers, and Zurich Insurance plc ("Zurich"), his insurers, arising from Zurich's decision to withdraw storm cover retrospectively due to a misrepresentation in the proposal form.

Background

The plaintiff, Mr Tolan, held an insurance policy with Zurich in relation to his farm and buildings. The policy had been placed through Future. In February 2017, Storm Doris damaged the plaintiff's two cattle sheds, which had been insured with Zurich since April 2015. Following notification of a claim to Zurich in relation to storm damage to the sheds, Zurich declined to indemnify the plaintiff. Zurich did not repudiate the policy, instead, Zurich withdrew the storm cover retrospectively from policy inception in relation to the cattle sheds and refunded

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