Markel International Insurance Company Ltd v Higgins [2009] EWCA Civ 790 (23 July 2009)

Markel International Insurance Company Ltd v Higgins [2009] EWCA Civ 790 (23 July 2009)

The judge was entitled to find, on cogent evidence and after making proper allowance for the appellant's Alzheimer's disease, that the appellant was knowingly dishonest and party to a conspiracy to defraud the insurers by writing bonds in excess of binder limits and retaining excess premium. The medical evidence did not provide an alternative explanation sufficient to displace the findings of dishonesty.

Citation
[2009] EWCA Civ 790
Parties
Respondent / Claimant: Markel International Insurance Company Limited; Respondent / Claimant: QBE Insurance (Europe) Limited; Respondent / Claimant: Amalfi Underwriting Limited; Appellant / 2nd Defendant: Timothy Higgins
Jurisdiction
England and Wales
Judgment Date
23 July 2009
Procedural Posture
Appeal / Judgment on Appeal From High Court, Commercial Court
Outcome
Appeal dismissed
Legal Topics
Conspiracy to Defraud, Breach of Fiduciary Duty, Dishonest Assistance, Procurement of Breach of Contract, Standard of Proof for Dishonesty, Impact of Mental Incapacity on Liability
Insurance Law Commercial Law Civil Procedure Conspiracy to Defraud Breach of Fiduciary Duty Dishonest Assistance Procurement of Breach of Contract Standard of Proof for Dishonesty +1 more

Case Brief

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Parties

Markel International Insurance Company Limited

Respondent / Claimant

QBE Insurance (Europe) Limited

Respondent / Claimant

Amalfi Underwriting Limited

Respondent / Claimant

Timothy Higgins

Appellant / 2nd Defendant

Procedural Posture

Appeal / Judgment on Appeal From High Court, Commercial Court

Legal Issues

  1. 1 Whether Alzheimer's disease excused or explained the appellant's actions and evidence such that findings of dishonesty should not have been made
  2. 2 Whether the appellant was party to a conspiracy to defraud insurers by writing bonds in excess of binder limits and retaining excess premium
  3. 3 Whether the appellant's medical condition affected his capacity to act dishonestly or to give reliable evidence

Ratio Decidendi

The judge was entitled to find, on cogent evidence and after making proper allowance for the appellant's Alzheimer's disease, that the appellant was knowingly dishonest and party to a conspiracy to defraud the insurers by writing bonds in excess of binder limits and retaining excess premium. The medical evidence did not provide an alternative explanation sufficient to displace the findings of dishonesty.

Court Disposition

Appeal dismissed

Orders

  • Findings of dishonesty and conspiracy to defraud against Timothy Higgins upheld
  • Quantum proceedings to determine damages confirmed