4 New Square on both sides of important Court of Appeal ruling on the test of inducement to be applied where an insurer seeks to avoid an insurance policy for material non-disclosure. The Court determined that it was not enough for the insurer to show that ‘but for’ the non-disclosure it would not have entered into the policy on the same terms. Instead the insurer had to go further and show that the non-disclosure was an efficient cause of it entering into the policy. Graham Eklund KC, Ben Elkington KC, Carl Troman and Ben Smiley acted for the insurer and insured in the case, which is reviewed by Miles Harris here.
