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Insurers – How to avoid your policy avoidance decision being overturned by the Court

May 2020
and James Hughes

In a decision handed down remotely on 21 April 2020, the High Court has held that an Insurer must act fairly and rationally when exercising its discretion to avoid a policy subject to an Innocent Non-Disclosure (“IND”) clause. This is the first time that the High Court has ruled directly on such matters. The Court’s Judgment is required reading for Insurers to ensure that going forward they have the correct internal systems in place and that they exercise their discretion properly and so as to prevent intervention by the Courts.

Beale & Co Partner Stephen Reilly and Trainee Solicitor James Hughes analyse the case and the key takeaways for Insurers.

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