| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 500 (Jul) |
| Neutral Citation: | [2005] EWHC 1381 (Comm) |
| Court: | Queen's Bench Division (Commercial Court) |
| Judge: | Andrew Smith J |
| Representation | Colin Wynter and Ben Lynch (instructed by Davies Arnold Cooper) for the claimant. |
| Anthony Martino (instructed by Rawlings Giles Sher) for the defendant. | |
| Judgment Dates: | 6 July 2005 |
Catchwords
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 Case
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.
Practice Areas
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