DRAKE INSURANCE PLC v PROVIDENT INSURANCE PLC [2003] EWHC 109 (Comm)

[2003] Lloyd's Rep IR 781

QUEEN’S BENCH DIVISION COMMERCIAL COURT

Before Mr Justice Moore-Bick

Insurance (motor) - Utmost good faith - Inducement - Facts relied on by insurer shown not to exist - Whether insurer under a duty to revoke rescission on discovering true situation - Whether breach of continuing duty of utmost good faith by insurer - Contribution in equity - Rateable proportion clause - Whether payment by insurer was as volunteer - Effect of ABI Dual Indemnity Undertaking.