RECLAIMING MOTION BY WAYNE STEPHEN GARDNER YOUNG AGAINST ROYAL AND SUN ALLIANCE INSURANCE PLC [2020] ScotCS CSIH_25 (19 May 2020)

RECLAIMING MOTION BY WAYNE STEPHEN GARDNER YOUNG AGAINST ROYAL AND SUN ALLIANCE INSURANCE PLC [2020] ScotCS CSIH_25 (19 May 2020)

A reasonable reader of the insurer's email of 24 March 2017 would not interpret it as an enquiry limiting the scope of required disclosure or as waiving the insurer's entitlement to disclosure of the pursuer's prior directorships in insolvent companies. The insurer was therefore entitled to avoid the policy for material non-disclosure.

Citation
[2020] ScotCS CSIH_25
Parties
Pursuer and Reclaimer: Wayne Stephen Gardner Young; Defender and Respondent: Royal and Sun Alliance Insurance PLC
Jurisdiction
Scotland
Judgment Date
19 May 2020
Procedural Posture
Commercial Action (insurance) / Reclaiming Motion (appeal) From Commercial Judge
Outcome
reclaiming motion refused; judgment for defender
Legal Topics
Duty of Fair Presentation, Material Non Disclosure, Waiver of Disclosure, Insurance Contract Avoidance, Insurance Act 2015
Insurance Law Contract Law Duty of Fair Presentation Material Non Disclosure Waiver of Disclosure Insurance Contract Avoidance Insurance Act 2015

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Parties

Wayne Stephen Gardner Young

Pursuer and Reclaimer

Royal and Sun Alliance Insurance PLC

Defender and Respondent

Procedural Posture

Commercial Action (insurance) / Reclaiming Motion (appeal) From Commercial Judge

Legal Issues

  1. 1 Whether the insurer (defender) waived its entitlement to disclosure of the pursuer's prior directorships in insolvent companies under the Insurance Act 2015, section 3(5)(e)
  2. 2 Whether the insurer's email of 24 March 2017 constituted a waiver of disclosure of material circumstances

Ratio Decidendi

A reasonable reader of the insurer's email of 24 March 2017 would not interpret it as an enquiry limiting the scope of required disclosure or as waiving the insurer's entitlement to disclosure of the pursuer's prior directorships in insolvent companies. The insurer was therefore entitled to avoid the policy for material non-disclosure.

Court Disposition

reclaiming motion refused; judgment for defender

Orders

  • Defender assoilzied (absolved) from the conclusions of the summons
  • Pursuer's claim for declarator and payment refused