Haden-Taylor v. Canopius Underwriting Ltd. [2015] 1 JLR 224 (12 November 2014)

Haden-Taylor v. Canopius Underwriting Ltd. [2015] 1 JLR 224 (12 November 2014)

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.

Citation
[2015] 1 JLR 224
Parties
Insured: Haden-Taylor; Insurer: Canopius Underwriting Ltd.
Jurisdiction
Jersey
Judgment Date
12 November 2014
Procedural Posture
Insurance Dispute / Judgment
Outcome
Arguable claim for damages; damages likely to be modest.
Legal Topics
Misrepresentation, Non Disclosure, Damages for Late Payment, Alternative Accommodation
Insurance Law Misrepresentation Non Disclosure Damages for Late Payment Alternative Accommodation

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Parties

Haden-Taylor

Insured

Canopius Underwriting Ltd.

Insurer

Procedural Posture

Insurance Dispute / Judgment

Legal Issues

  1. 1 Whether the insured can claim damages for late or non-payment of damages by the insurer
  2. 2 Whether the insured can claim for physical inconvenience, discomfort, and mental suffering due to insurer's failure to inform about alternative accommodation

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.

Court Disposition

Arguable claim for damages; damages likely to be modest.