Resources

The Test for Inducement in Contracts Prior to the Insurance Act 2015: Zurich Insurance PLC v Niramax Group Limited [2021] EWCA Civ 590

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 show that the non-disclosure was an efficient cause of the underwriter writing the insurance on less onerous terms than would have been the case had the disclosure been made. It is not sufficient merely to establish that the less onerous terms would not have been imposed ‘but for’ the non-disclosure.  The case highlights an issue as to whether the same result would be reached under the Insurance Act 2015. The Appellant was represented by Graham Eklund QC and Carl Troman and the Respondent by Ben Elkington QC and Ben Smiley, all of 4 New Square.

The decision is considered by Miles Harris of 4 New Square.

click here to read the blog post in full

Search

Expertise

Related resources

Gutmann v Apple – Case Note


Collective actions in the Competition Appeal Tribunal (the “CAT”) have been beset…

Discover more

Spring Recap: Professional Liability & Regulatory Insights


Welcome to the 4 New Square Chambers’ Spring Recap; a collection of…

Discover more

White Book 2025: Costs & Funding Supplement


We are pleased to report that 4 New Square Chambers’ Roger Mallalieu…

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.)