||All England Reporter
|| All ER (D) 240 (Jul)
|| EWCA Civ 790
||Court of Appeal, Civil Division
Rix, Richards LJJ and Sir Paul Kennedy
||Michael Swainston QC and Stephen Midwinter (instructed by Steptoe and Johnson) for Markel.
||Derrick Dale (instructed by Davies Arnold Cooper) for QBE and Amalfi.
||Jeffrey Gruder QC and Ben Quiney (instructed by Hannah & Mould) for the defendant.
||23 July 2009
Insurance - Underwriter - Dishonesty - Defendant underwriting agent suffering from Alzheimer's disease - Defendant's company entering into binding authority with claimant insurance companies - Claimants alleging that defendant's company writing bonds which exceeded financial limits of binding authority - Judge finding defendant acting dishonestly - Whether judge failing to make proper allowance for defendant's disability - Whether judge erring.
Insurance Underwriter. Court of Appeal, Civil Division: The judge had been correct in making a finding of dishonesty against the defendant underwriting agent where he had conspired with others to defraud two of the claimant insurance companies. The fact that he was suffering from Alzheimer's during the period of the fraud had not been a plausible explanation for theoverwriting of so many out-of-limit bonds.
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