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
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims.
A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical advice. After being given various treatment options, she chose to undergo a total abdominal hysterectomy and bilateral
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
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
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