||All England Reporter
|| All ER (D) 114 (Jul)
|| EWHC 1705 (Comm)
||Queen's Bench Division, Commercial Court
David Steel J
||David Cavender QC (instructed by Nabarro LLP) for the claimants.
||Sue Carr QC and Jonathan Hough (instructed by Davenport Lyons) for the defendant.
||12 July 2010
Insurance - After-the-event (ATE) insurance premium - Costs - Claimant succeeding in claim brought by company with ATE insurance - Claimant successful in alleging dishonest conduct by company directors - Company's underwriters avoiding ATE policy on grounds that company not having acted in utmost good faith - Claimant bringing claim against underwriters - Whether underwriters entitled to avoid policy.
Insurance After-the-event (ATE) insurance premium. The Chancery Division dismissed a claim made pursuant to an after the event insurance policy for litigation on the ground that the insured had not acted in utmost good faith, but rather they had pursued a dishonest claim, which gave the defendant underwriter grounds to avoid the policy.
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