Two recent cases have examined the familiar issue of non-disclosure but in the context of the Insurance Act 2015.Berkshire Assets (West London) Ltd v AXA Insurance UK Plc [2021] considered the non-disclosure of criminal charges against an innocent insured and found that an insurer could avoid a policy under the Insurance Act 2015. This is understood to be one of the first avoidance judgments for breach of the duty of fair presentation under the 2015 Act. For details on the case and our analysis, please see this post on our Insurance blog.

Ristorante Limited T/A Bar Massimo v Zurich Insurance Plc [2021] considered the interpretation and legal effect of a question asked by an insurer to a prospective insured around prior insolvency issues. The Court considered whether the insured’s answer amounted to a misrepresentation of material facts and whether the insurer had limited its right to disclosure in respect of other persons or companies. Whilst the insured in this case was ultimately successful, it is yet another judgment concerning the adequacy of disclosure of previous matters connected to insolvency. For details on the case and our analysis, please see this post on our Insurance blog.