Utmost good faith and the moral hazard

The materiality of rumours

The decision of Morison J in Brotherton v Aseguradora Colseguros (No 3) [2003] EWHC 1741 (Comm), [2003] Lloyd’s Rep IR 774 , is probably the culmination of a long running insurance dispute which underwent two preliminary skirmishes before reaching final trial. En route to trial, the case gave rise to preliminary issues on utmost good faith which were in part resolved by the Court of Appeal, but in a manner which leaves the law in some doubt.