Q&As

In an employer’s liability case, the defendant’s insurers stated that during an investigation after the claimant’s death, the insurer discovered that the defendant had provided non-disclosure and misrepresented material facts and therefore the insurers avoided the insurance policy for the time of the accident and the previous year. The defendant’s company is in voluntary liquidation. Is it possible for the insurers to get out of paying the claim in this way?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 25/03/2020

The following Insurance & Reinsurance Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In an employer’s liability case, the defendant’s insurers stated that during an investigation after the claimant’s death, the insurer discovered that the defendant had provided non-disclosure and misrepresented material facts and therefore the insurers avoided the insurance policy for the time of the accident and the previous year. The defendant’s company is in voluntary liquidation. Is it possible for the insurers to get out of paying the claim in this way?

In an employer’s liability case, the defendant’s insurers stated that during an investigation after the claimant’s death, the insurer discovered that the defendant had provided non-disclosure and misrepresented material facts and therefore the insurers avoided the insurance policy for the time of the accident and the previous year. The defendant’s company is in voluntary liquidation. Is it possible for the insurers to get out of paying the claim in this way?

It is possible for an insurer to avoid an insurance policy on the basis of non-disclosure and/or misrepresentation of material facts (see, by way of example, Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd). An insurance contract is

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