Breach of Duty of Fair Presentation under the Insurance Act 2015 - Court Finds Insurer was Entitled to Avoid Policy
By EsqSocial Corporation 06/12/21
Introduction - In Berkshire Assets (West London) Limited v Axa Insurance UK Plc [2021] EWHC 2689 (Comm) the insured failed to disclose to the insurers of its Construction All Risks and Business Interruption policy that one of its directors was the subject of criminal proceedings in Malaysia at the time of policy renewal. Although the charges were dropped after the policy incepted, the High Court held that the charges were a material circumstance that should have been disclosed and the insured...
By: K&L Gates LLP