An insight into the Insurance Act 2015 and conditions precedent (Scotbeef v D&S Storage & Lonham Group)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Insurance & Reinsurance analysis: In a rare decision on the operation of the Insurance Act 2015 (IA 2015), the High Court has confirmed that insurers were unable to avoid a liability policy, notwithstanding a misrepresentation by the policy holder regarding the terms on which it was trading. As a result, the claimant was entitled to assert the policy holder's rights of indemnity against the insurer under the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010). The decision contains useful guidance on the operation of conditions precedent in insurance policies, the duty of fair presentation under IA 2015 and the transparency requirements for contracting out of IA 2015. Written by Leah Alpren-Waterman, knowledge lawyer and Chris Neilson, partner at Mishcon de Reya LLP.