Clarendon Dental Spa LLP & Anor v Aviva Insurance Ltd & Anor [2025] EWHC 267 (Comm) (13 February 2025)

Clarendon Dental Spa LLP & Anor v Aviva Insurance Ltd & Anor [2025] EWHC 267 (Comm) (13 February 2025)

The insolvency question in Zurich's statement of fact referred only to the Company and its current directors; Zurich waived disclosure of insolvency of other persons by the scope of its question. Allegations relating to failure to disclose liquidations of PDS, JHP, and BTB, and prior misrepresentation to Aviva, have no real prospect of success and are struck out.

Citation
[2025] EWHC 267 (Comm)
Parties
First Claimant: Clarendon Dental Spa LLP; Second Claimant: Clarendon Dental Spa (Leeds) Limited; First Defendant: Aviva Insurance Limited; Second Defendant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
13 February 2025
Procedural Posture
Commercial Court Claim / Interlocutory Applications (strike Out, Summary Judgment, Amendment)
Outcome
Strike out and refusal of amendment
Legal Topics
Fair Presentation of Risk, Duty of Disclosure, Insurance Act 2015, Policy Interpretation, Waiver by Insurer, Material Misrepresentation
Insurance Law Commercial Law Fair Presentation of Risk Duty of Disclosure Insurance Act 2015 Policy Interpretation Waiver by Insurer Material Misrepresentation

Case Brief

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Parties

Clarendon Dental Spa LLP

First Claimant

Clarendon Dental Spa (Leeds) Limited

Second Claimant

Aviva Insurance Limited

First Defendant

Zurich Insurance PLC

Second Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications (strike Out, Summary Judgment, Amendment)

Legal Issues

  1. 1 Interpretation of insolvency questions in insurance statements of fact
  2. 2 Scope of duty of fair presentation under Insurance Act 2015
  3. 3 Whether insurer waived disclosure of insolvency of former partners/directors

Ratio Decidendi

The insolvency question in Zurich's statement of fact referred only to the Company and its current directors; Zurich waived disclosure of insolvency of other persons by the scope of its question. Allegations relating to failure to disclose liquidations of PDS, JHP, and BTB, and prior misrepresentation to Aviva, have no real prospect of success and are struck out.

Court Disposition

Strike out and refusal of amendment

Orders

  • Permission to amend to introduce paragraph 44A and to amend paragraphs 60 and 61 refused.
  • Paragraphs 44, 45, 60 and 61 of the Defence (and references thereto) struck out.