Whitlam v Andrew Hazel for Lloyds Syndicate 260 (t/a K6M Motor Policies At Lloyds) [2004] EWCA Civ 1600 (02 December 2004)

Whitlam v Andrew Hazel for Lloyds Syndicate 260 (t/a K6M Motor Policies At Lloyds) [2004] EWCA Civ 1600 (02 December 2004)

The appellant's failure to disclose his status as a trainee golf professional constituted a material non-disclosure because the insurer's risk assessment and willingness to insure depended on full and accurate disclosure of occupation. The incomplete and misleading answers on the proposal form, particularly after alteration by the broker, justified the insurer's avoidance of the policy, even though the non-disclosure was innocent.

Citation
[2004] EWCA Civ 1600
Parties
Appellant/defendant: Mark Whitlam; Respondent/claimant: Andrew Hazel for Lloyds Syndicate 260 trading as K6M Motor Policies at Lloyds
Jurisdiction
England and Wales
Judgment Date
02 December 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part, otherwise dismissed
Legal Topics
Material Non Disclosure, Motor Insurance, Duty of Disclosure, Broker's Role, Policy Avoidance
Insurance Law Contract Law Material Non Disclosure Motor Insurance Duty of Disclosure Broker's Role Policy Avoidance

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Parties

Mark Whitlam

Appellant/defendant

Andrew Hazel for Lloyds Syndicate 260 trading as K6M Motor Policies at Lloyds

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant's failure to disclose his status as a trainee golf professional constituted material non-disclosure justifying avoidance of the motor insurance policy
  2. 2 Whether the use of the vehicle for purposes other than travel to the permanent place of work was properly disclosed

Ratio Decidendi

The appellant's failure to disclose his status as a trainee golf professional constituted a material non-disclosure because the insurer's risk assessment and willingness to insure depended on full and accurate disclosure of occupation. The incomplete and misleading answers on the proposal form, particularly after alteration by the broker, justified the insurer's avoidance of the policy, even though the non-disclosure was innocent.

Court Disposition

Appeal allowed in part, otherwise dismissed

Orders

  • Second paragraph of the declaration (relating to non-disclosure of use of vehicle to a place of work other than permanent place of work) discharged
  • Appellant to pay respondent's costs of the appeal