Fair Presentation, Moral Hazard And Material Circumstances

In the recent decision in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] EWHC 2689 (Comm), Lionel Persey QC, sitting as a Judge of the High Court, gave the first English decision on the insured's duty of fair presentation as set out in the Insurance Act 2015 (the 'Insurance Act'). The decision addresses two fundamental principles arising from the duty, namely what constitutes a material circumstance and whether the failure to disclose induced AXA to write the risk i.e would AXA in fact have declined the risk had the material circumstance been disclosed? The decision addresses both the statutory principles as set out in the Act as well as important principles relevant to material circumstances established by authorities prior to the Act which remain intact.