Tag archives: Materiality

Rationality of an administrative decision

By Patrick Bracher (ZA) on July 23, 2019 Posted in General

A government administrator’s decision may be irrational because it does not take into account a vital material fact for making a rational decision in the light of the empowering legislation and its purpose. The relevant question for rationality is whether the means, including the process of making a decision, are linked to the purpose or … Continue reading

Duty of disclosure: is the refusal to renew residential policy material to a commercial policy?

By Craig Woolley on February 21, 2018 Posted in Insurance

Higherdelta Ltd was the owner of commercial properties including a restaurant in Scotland. Its company secretary, director and shareholder was also the owner of a portfolio of residential properties. The non-disclosure of prior events relating to the personal portfolio was held not to be relevant to underwriting the business policy. The restaurant was added to … Continue reading

Vorsprung drafting technik: preserving the no-claim bonus and disclosure

By Norton Rose Fulbright LLP on July 8, 2015 Posted in Insurance

An appeal bench decision sets the cat amongst the pigeons in the realm of material non-disclosure. The well-known judgment in Jerrier v OUTsurance dealt with whether OUTsurance was entitled to reject Jerrier’s claim for accidental damage to his insured Audi R8 sports car. The reason for the rejection was non-disclosure of two previous motor incidents for … Continue reading

False allegation of owner occupation is material

By Patrick Bracher (ZA) on April 2, 2015 Posted in Insurance

A New York appeals court held that the insurers did not have to cover a fire claim because two of the original applications for cover falsely alleged that the property was occupied by the owner. The insured also filled in mortgage application documents (on which the insurer was entitled to rely) to the effect that … Continue reading