Tag archives: UK

Avoidance of insurance policies – moral hazard and inducement (UK)

In this judgment, Berkshire Assets (West London) Limited v AXA Insurance Plc [2021] EWHC 2689 (Comm) the insured sought to recover an indemnity pursuant to a Contractors’ All Risks and Business Interruption policy. The insured denied liability and avoided the policy alleging that the insured failed to disclose the admitted fact that one of its directors … Continue reading

Avoidance of insurance policy for non-disclosure and misrepresentation (UK)

In this judgement, the English high court decided that the insurer was entitled to avoid an employer’s liability insurance policy on grounds of material non-disclosure and misrepresentation.  The insurers had shown that the facts misrepresented or not disclosed would have influenced the mind of a reasonably prudent underwriter in exercising their underwriting judgment as to … Continue reading

“Reasonable prior notice” discussed (UK)

A UK admiralty court held that 12 hours’ notice of a change of tariff for berthing charges and other services in a port for a vessel that had been delayed by the Covid-19 pandemic was not reasonable notice.  The regulation required “reasonable prior notice”. The requirement of reasonable prior notice was not complied with because … Continue reading

UK Automated and Electric Vehicles Bill

The UK has published the Automated and Electric Vehicles Bill. If an accident is caused by an automated vehicle when driving itself whilst insured at the time it causes anyone to suffer damages, then the insurer is liable for that damage caused to anyone. If the vehicle is not insured the owner of the vehicle … Continue reading
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