Resources

Court of Appeal rules on the test of inducement in insurance non-disclosure cases

News & Judgments
4 May 2021

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.

Click to read insurance blog post on the decision

Related areas

Related People

Ben Elkington KC, FCIArb

Call: 1996 Silk: 2012

Carl Troman

Call: 2001

Ben Smiley

Call: 2009

Search

Expertise

Related resources

Legal 500 Bar Awards 2025 – 4 New Square Chambers Shortlisted for 19 Awards


We are delighted to announce that 4 New Square Chambers has been…

Discover more

Tescher v DAML & AXA v Spectra: Court of Appeal decision on non-party costs orders


The Court of Appeal this morning handed down judgment in the appeals…

Discover more

If you would like to know more or have a question please talk to our clerks

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)