| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 114 (Jul) |
| Neutral Citation: | [2010] EWHC 1705 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | David Steel J |
| Representation | David Cavender QC (instructed by Nabarro LLP) for the claimants. |
| Sue Carr QC and Jonathan Hough (instructed by Davenport Lyons) for the defendant. | |
| Judgment Dates: | 12 July 2010 |
Catchwords
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.
The Case
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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