| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 93 (Feb) |
| Neutral Citation: | [2007] EWCA Civ 57 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Neuberger and Wilson LJJ |
| Representation | Andrew Butler (instructed by Edwin Coe) for the claimant. |
| Paul Reed (instructed by Reynolds Porter Chamberlain) for the defendant. | |
| Judgment Dates: | 7 February 2007 |
Catchwords
Misrepresentation - Innocent misrepresentation - Insurance - Loss of profit insurance - Insured compromising claim with insurers on basis including application of average rather than declaration linked - Policy in fact providing insurance declaration linked - Whether insurer misrepresenting content of policy during negotiations - Whether settlement agreement void for mistake.
The Case
A settlement agreement concluded between insurer and insured was not re-opened despite the insured contending that the insurer had misrepresented the nature of the policy during the settlement negotiations, nor was the settlement agreement void on the ground of contractual mistake: the mistake was unilateral and could not support a claim for rectification of the contract.
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