Jones v Zurich Insurance Plc [2021] EWHC 1320 (Comm) (18 May 2021)

Jones v Zurich Insurance Plc [2021] EWHC 1320 (Comm) (18 May 2021)

The claimant made a careless misrepresentation by failing to disclose a prior jewellery loss claim when proposing insurance. Zurich proved that, but for the misrepresentation, it would not have underwritten the policy. Therefore, Zurich is entitled to avoid the policy ab initio under the Consumer Insurance (Disclosure and Representations) Act 2012. The claim for indemnity fails.

Citation
[2021] EWHC 1320 (Comm)
Parties
Claimant: Christopher Simon Jones; Defendant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Insurance Claim (trial) / Judgment After Trial
Outcome
Claim dismissed; policy avoided ab initio.
Legal Topics
Misrepresentation, Policy Avoidance, Consumer Insurance (disclosure and Representations) Act 2012, Agreed Value Policy, Burden of Proof
Insurance Law Contract Law Consumer Law Misrepresentation Policy Avoidance Consumer Insurance (disclosure and Representations) Act 2012 Agreed Value Policy Burden of Proof

Case Brief

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Parties

Christopher Simon Jones

Claimant

Zurich Insurance PLC

Defendant

Procedural Posture

Insurance Claim (trial) / Judgment After Trial

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 in the insurance proposal
  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 careless misrepresentation by failing to disclose a prior jewellery loss claim when proposing insurance. Zurich proved that, but for the misrepresentation, it would not have underwritten the policy. Therefore, Zurich is entitled to avoid the policy ab initio under the Consumer Insurance (Disclosure and Representations) Act 2012. The claim for indemnity fails.

Court Disposition

Claim dismissed; policy avoided ab initio.

Orders

  • Zurich Insurance PLC is entitled to avoid the policy from inception and must return the premium to the claimant.
  • The claimant's claim for indemnity is dismissed.