Court of Appeal - Zurich v Niramax

The Test for Inducement in Contracts Prior to the Insurance Act 2015: Zurich Insurance PLC v Niramax Group Limited [2021] EWCA...


In Zurich Insurance PLC v Niramax Group Limited, dealing with a contract pre-dating the Insurance Act 2015, the Court of Appeal held that to establish inducement in cases of non-disclosure it was necessary for the insurer to…

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Niramax

Avoidance for Material Non-Diclosure: Niramax Group Limited v Zurich Insurance Plc [2020] EWHC 535 (Comm)


In Niramax Group Limited v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court considered the principles applicable to cases of avoidance for material non-disclosure, in a claim by a policyholder against its insurers. All counsel…

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Indemnification on the Reinstatement Basis: Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308

In Endurance Corporate Capital Limited v Sartex Quilts & Textiles Limited [2020] EWCA Civ 308, the Court of Appeal unanimously held that an insured is generally entitled to be indemnified…

ACCRUAL OF THE CAUSE OF ACTION UNDER A PROPERTY POLICY: Globe Church Incorporated v Allianz Australia Insurance Ltd & Anr [2019]...

In Globe Church Incorporated v Allianz Australia Insurance Ltd & Anr [2019] NSWCA 27 the majority of the New South Wales Court of Appeal determined that a claim arising from…

Indemnification on the Reinstatement Basis: Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103

In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC, sitting in the Commercial Court considered the effect of the Court of…

Wheeldon Brothers Waste Limited v Millennium Insurance Company Limited [2018] EWHC 834 (TCC): the construction of a condition precedent relating to...

Introduction When a fire caused damage at a waste processing plant owned by the Claimant, Wheeldon Brothers Waste Limited (“Wheeldon”), the Defendant insurer, Millennium Insurance Company Limited (“Millenium”), declined an…

Bluebon Limited v Ageas (UK) Limited plc and others [2017] EWHC 3301 (Comm)

Many commercial property insurance policies contain a term, dressed up as a warranty, requiring the electrical installation to be tested every five years. In Bluebon, Bryan J had to determine…