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ARTICLE · 30 JULY 2021

Underwriting On Trial

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Whether you are an insurer avoiding a policy or a policyholder or broker challenging a coverage decision, these two recent cases in the Court of Appeal and High Court...

United KingdomInsurance
James Thompson
James Thompson
Suzanne El-Safty
Suzanne El-Safty

James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).

Whether you are an insurer avoiding a policy or a policyholder or broker challenging a coverage decision, these two recent cases in the Court of Appeal and High Court, serve as reminders about the importance of credible underwriting evidence and the test for causation and inducement. The cases consider the position under the Marine Insurance Act 1906 (“the Act”) and the Consumer Insurance (Disclosure and Representations) Act 2012 (“CIDRA 2012”) respectively. Neither case concerned the Insurance Act 2015.

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