Fair presentation of risk (Axa Versicherung Ag v Arab Insurance Group)

Table of contents

• Original news
• What is the significance of this case for practitioners?
• What was the background to the case?
• What issues arose for the court’s consideration?
• What did the court decide and why?
• To what extent is the judgment helpful in clarifying the law in this area?
• Of what will practitioners need to be mindful when advising in this area?

Article summary

Dispute Resolution analysis: What does a reinsurer to whom an unfair presentation of risk was made have to establish to avoid a treaty with the reinsured? Guy Blackwood QC of Quadrant Chambers and Simon Bryan QC of Essex Court Chambers look at the Court of Appeal’s decision in Axa Versicherung v Arab Insurance Group and argues that it is important for practitioners to prove in evidence those features of a hypothetical broke that the insured says would have been reasons for the insurer writing the business.