Travelers Insurance Company Ltd & Anor v Advani

Travelers Insurance Company Ltd & Anor v Advani

The court found, on the balance of probabilities and based on cogent evidence, that Ms Advani acted dishonestly and outside the course of her employment in facilitating the payment of a bribe in the GSA transaction. This triggered the insurer's right to reimbursement of defence costs under the policy and entitled DWS to damages for breach of duty.

Parties
Claimant: Travelers Insurance Company Limited; Claimant: Denton Wilde Sapte; Defendant: Gauri Advani
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Judgment for the claimants
Legal Topics
Dishonesty, Breach of Employment Duty, Insurance Policy Coverage, Reimbursement of Defence Costs, Vicarious Liability
Insurance Law Employment Law Civil Procedure Dishonesty Breach of Employment Duty Insurance Policy Coverage Reimbursement of Defence Costs Vicarious Liability

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Parties

Travelers Insurance Company Limited

Claimant

Denton Wilde Sapte

Claimant

Gauri Advani

Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether Ms Advani acted dishonestly and outside the course of her employment in connection with the GSA transaction
  2. 2 Whether Travelers Insurance is entitled to reimbursement of defence costs under the policy
  3. 3 Whether DWS is entitled to damages for breach of duty by Ms Advani

Ratio Decidendi

The court found, on the balance of probabilities and based on cogent evidence, that Ms Advani acted dishonestly and outside the course of her employment in facilitating the payment of a bribe in the GSA transaction. This triggered the insurer's right to reimbursement of defence costs under the policy and entitled DWS to damages for breach of duty.

Court Disposition

Judgment for the claimants

Orders

  • Ms Advani to reimburse Travelers Insurance Company Limited £501,398.71 for defence costs
  • Ms Advani to pay Denton Wilde Sapte £87,075.29 as damages for breach of duty