Synopsis
The UK Supreme Court has, for the first time, considered the effect on an insurance claim of a “fraudulent device” – the embellishment of that claim. In doing so it has also clarified the ambit of the doctrine of utmost good faith which has for centuries underpinned UK insurance contracts. The extent of the uncertainty which has hitherto surrounded this area of law can be seen by the fact that the opinion of 4 Supreme Court judges prevailed, notwithstanding the opposing views of 5 judges, 1 in the High Court, 3 in the Court of Appeal and 1 in the Supreme Court. This briefing note discusses the Supreme Court’s recent judgment in Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45.”
Published in the Proceedings of the Institution of Civil Engineers Management, Procurement and Law Journal – February 2017
A full copy of the article can also be obtained by contacting the author, Ashok Ghosh, on: aghosh@excellolawstg.wpengine.com
