Haden-Taylor v. Canopius Underwriting Ltd. [2015] 1 JLR 224 (12 November 2014)
- Citation
- [2015] 1 JLR 224
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Insurance Dispute / Judgment
More details
- Posture
- Insurance Dispute / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
An insured may arguably claim damages for late or non-payment if the insurer fails to inform him of policy provisions for alternative accommodation, but such damages are likely to be modest and not equal to rent that might have been paid.
Court disposition
Arguable claim for damages; damages likely to be modest.
02
Material facts
Parties
Haden-Taylor
InsuredCanopius Underwriting Ltd.
Insurer03
Procedural history
Posture
Insurance Dispute / Judgment
04
Questions and positions
Legal issues
- 01
Whether the insured can claim damages for late or non-payment of damages by the insurer
- 02
Whether the insured can claim for physical inconvenience, discomfort, and mental suffering due to insurer's failure to inform about alternative accommodation
Party arguments
- Applicant
- The insured remained in uninhabitable property because the insurer failed to inform him that the policy provided for alternative accommodation, resulting in physical inconvenience, discomfort, and mental suffering.
- Respondent
- The insurer avoided liability due to misrepresentation and non-disclosure, and damages claimed are likely to be modest and not equal to rent that might have been paid.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2015] 1 JLR 224
Damages for late or non-payment may be claimed if insurer fails to inform insured of policy benefits, but such damages are likely to be modest.
06
Ratio, limits and disposition
Ratio decidendi
An insured may arguably claim damages for late or non-payment if the insurer fails to inform him of policy provisions for alternative accommodation, but such damages are likely to be modest and not equal to rent that might have been paid.
Obiter and limits
- Damages for physical inconvenience and related mental suffering are arguable but likely to be modest.
Court disposition
Arguable claim for damages; damages likely to be modest.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Haden-Taylor v. Canopius Underwriting Ltd. [2015] 1 JLR 224 (12 November 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151224.html Cite as: [2015] 1 JLR 224 [ New search ] [ Help ] Haden-Taylor v. Canopius Underwriting Ltd. 2015 (1) JLR 224 (12 November 2014) Insurance-misrepresentation and non-disclosure-insurer avoiding liability-insured may arguably claim damages for late or non-payment of damages-if remained in uninhabitable property because insurer failed to inform him that policy provides for alternative accommodation, arguable claim for physical inconvenience and discomfort and related mental suffering-damages likely to be modest and not equal to rent that might have been paid The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (1) JLR 224 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR151224.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.