KYLE BAY LTD v UNDERWRITERS SUBSCRIBING TO POLICY NO 019057/08/01

[2007] Lloyd's Rep IR 460

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Neuberger and Lord Justice Wilson

Insurance (business interruption) - Claim compromised under final settlement on basis of gross profits cover subject to average - Policy found to provide indemnity on declaration-linked basis not subject to average - Whether settlement void for mistake or voidable for misrepresentation.