Legal News

Fraudulent misrepresentation—insurance company claims settlement deception

Published on: 05 August 2016
Published by: LexisPSL
  • Fraudulent misrepresentation—insurance company claims settlement deception
  • Original news
  • What was the background to the case?
  • What issues arose for the Supreme Court’s consideration?
  • What were the main arguments put forward?
  • What did the court decide, and why?
  • Does the judgment clarify the law? Are there any remaining grey areas?
  • What should practitioners take from the judgment?

Article summary

Dispute Resolution analysis: Can an insurer which had settled a claim despite its suspicions have the settlement set aside on the ground it was induced by fraudulent misrepresentations? Or does it have to have believed the misrepresentations in order to be said to have been induced by them? Patrick Limb QC and Jayne Adams QC, of Ropewalk Chambers, explain the Supreme Court's answer in Zurich Insurance v Hayward. or take a trial to read the full analysis.

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