Source: All England Reporter
Publisher Citation: [2005] All ER (D) 324 (Nov)
Neutral Citation: [2005] EWHC 2678 (Ch)
Court: Chancery Division

Lindsay J

Representation Adam Tolley (instructed by Hodders) for the claimant.
  Colin West (instructed by Osborne Clarke) for the defendant.
Judgment Dates: 24 November 2005


Insurance - Disclosure - Non-disclosure - Avoidance of policy - Undeclared but allegedly excessive alcohol consumption by deceased - Whether material non-disclosure - Whether defendant entitled to avoid policy.

The Case

The defendant was entitled to avoid the policy either by reference to the defects in the disclosure at re-instatement or in the original application because of the undeclared but allegedly excessive alcohol consumption on the part of the deceased.

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