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The duty of fair presentation: materiality and inducement

Insurance Law Monthly

The duty of fair presentation: materiality and inducement

Zurich Insurance plc v Niramax Group Ltd[2021] EWCA Civ 590 was an appeal to the Court of Appeal from the firstinstance decision of Cockerill J. The case involved a variety of non-disclosuredefences in respect of a policy on plant used in a waste recycling business.Most of the matters related to the placement of an entirely separate propertypolicy, it being contended that false statements made to the property insurerswere material to the plant policy.

The appeal to the Court of Appeal was on onepoint, namely, the test for inducement and the need for a causal link betweenthe failure to disclose and the premium actually charged. The placement was in2015, just predating the implementation of the Insurance Act 2015 and so thematter was governed by the Marine Insurance Act 1906, although the outcomewould not have been changed by the new legislation.

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