||All England Reporter
|| All ER (D) 500 (Jul)
|| EWHC 1381 (Comm)
||Queen's Bench Division (Commercial Court)
Andrew Smith J
||Colin Wynter and Ben Lynch (instructed by Davies Arnold Cooper) for the claimant.
||Anthony Martino (instructed by Rawlings Giles Sher) for the defendant.
||6 July 2005
Insurance - Reinsurance - Disclosure - Material non-disclosure - Claimant writing quota share reinsurance of defendant participation in pool - Chairman of company entrusted with underwriting and claims handling having criminal conviction - Conviction not disclosed to claimant - Certain losses not disclosed to claimant - Whether claimant entitled to avoid reinsurance.
The claimant reinsurer was entitled to avoid the policy of reinsurance on the basis of non-disclosure of the background of the senior executive of the company entrusted with underwriting and claims handling for the pool in which the defendant insurer participated.
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