BROTHERTON v ASEGURADORA COLSEGUROS SA (NO 2) [2003] EWCA Civ 705

[2003] Lloyd's Rep IR 746

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Buxton and Lord Justice Mance

Reinsurance - Banker’s blanket bond and professional indemnity cover - Failure by reinsured to disclose serious allegations of criminality against insured bank’s president - Claim for declaration by reinsurers that policy could be avoided for breach of duty of good faith - Whether allegations were material facts - Whether reinsured permitted to adduce evidence that allegations were unfounded.