Europe

Insights by Region

No Smoke Without Fire: Non-Disclosure, Materiality and Inducement in Cometsambre v Lloyd’s

This recent decision by the Commercial Court illustrates several key principles underpinning the duty of fair presentation under the Insurance Act 2015 (“the IA 2015”). In particular, it considers the concepts of knowledge, materiality, waiver, presumed knowledge and inducement, and demonstrates the courts’ continued willingness to scrutinise the information disclosed to insurers. Background Cometsambre, a […]
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For better(ment) or for worse?

Allegations of “betterment” arise frequently in property claims, particularly where roofs, façades, cladding or other structural elements are ageing or incapable of repair on a strict like-for-like basis. Insurers often contend that replacement will leave the policyholder better off than before the loss, and that a deduction is therefore justified. That contention is not always […]
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Aggregation In Cargo and Logistics Insurance Claims: What Insurers Must Prove When Aggregating by Accident, Occurrence or Event

In our experience, aggregation clauses are among the most heavily contested provisions in cargo and logistics insurance. They govern whether multiple losses are treated as a single claim for the purposes of applying limits, deductibles, and sub-limits, often making the difference between meaningful recovery and severe underinsurance. While insurers frequently assert aggregation where there is […]
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