W&I insurance—more judicial guidance on fair disclosure, quantifying loss and contractual notice issues (116 Cardamon Limited v MacAlister)

Table of contents

• What was the background to the decision?
• What did the court decide?
• The fair disclosure issues
• Warranty breach notice invalid
• The court’s willingness to award material damages with a broad brush quantification analysis
• Good bargain issue
• What are the practical implications of this case?

Article summary

Insurance & Reinsurance analysis: Stephen Reilly, partner at Beale & Company considers the decision of 116 Cardamon Limited v MacAlister and its practical implications for those dealing with Warranty & Indemnity (W&I) insurance claims.