Sutton v Insurance Corp. C.I. Ltd. [2011] JLR 80 (27 January 2011)

Sutton v Insurance Corp. C.I. Ltd. [2011] JLR 80 (27 January 2011)

Failure by insured to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive, entitling insurer to avoid the policy.

Citation
[2011] JLR 80
Parties
Insured: Sutton; Insurer: Insurance Corp. C. I. Ltd.
Jurisdiction
Jersey
Judgment Date
27 January 2011
Procedural Posture
Insurance Dispute / Judgment
Outcome
insurer entitled to avoid policy
Legal Topics
Misrepresentation, Non Disclosure, Avoidance of Policy
Insurance Law Misrepresentation Non Disclosure Avoidance of Policy

Case Brief

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Parties

Sutton

Insured

Insurance Corp. C. I. Ltd.

Insurer

Procedural Posture

Insurance Dispute / Judgment

Legal Issues

  1. 1 Whether failure to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive entitling insurer to avoid policy

Ratio Decidendi

Failure by insured to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive, entitling insurer to avoid the policy.

Court Disposition

insurer entitled to avoid policy

Orders

  • policy avoided