Jones v Zurich Insurance Plc

Jones v Zurich Insurance Plc

The claimant made a misrepresentation by failing to disclose a prior claim for a lost diamond ring within five years preceding the insurance proposal. Both the claimant and his executive assistant knew the answer provided to Zurich regarding prior claims was false. The misrepresentation was material to Zurich's...

Source-derived case information.

Parties
Claimant: Christopher Simon Jones; Defendant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Insurance Claim / Trial Judgment
Outcome
Claim dismissed; policy avoided
Legal Topics
Avoidance of Insurance Policy, Misrepresentation, Consumer Insurance (disclosure and Representations) Act 2012, Materiality of Prior Claims, Duty of Disclosure
Insurance Law Contract Law Avoidance of Insurance Policy Misrepresentation Consumer Insurance (disclosure and Representations) Act 2012 Materiality of Prior Claims Duty of Disclosure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christopher Simon Jones

Claimant

Zurich Insurance PLC

Defendant

Procedural Posture

Insurance Claim / Trial Judgment

Legal Issues

  1. 1 Whether the claimant lost the insured watch in circumstances covered by the policy
  2. 2 Whether the claimant made a misrepresentation regarding prior claims
  3. 3 Whether Zurich is entitled to avoid the policy under the Consumer Insurance (Disclosure and Representations) Act 2012

Ratio Decidendi

The claimant made a misrepresentation by failing to disclose a prior claim for a lost diamond ring within five years preceding the insurance proposal. Both the claimant and his executive assistant knew the answer provided to Zurich regarding prior claims was false. The misrepresentation was material to Zurich's underwriting decision, and Zurich would not have entered into the policy had the prior claim been disclosed. Zurich is therefore entitled to avoid the policy and refuse the claim, but must return the premium paid.

Court Disposition

Claim dismissed; policy avoided

Orders

  • Zurich is entitled to avoid the policy from inception
  • Zurich must return the premium paid to Mr Jones