The O’Connor case: when (and how) to void a policy

By Charles McGregor, Simpson & Marwick

In Frank O’Connor and Another v Bullimore Underwriting Agency (unreported, Court of Session, February 24, 2004) Mr and Mrs O’Connor were the owners of leisure premises in Motherwell, Scotland, that were badly damaged by fire in the early hours of February 26, 2001. After investigation, their insurers declared their policy to be void.