Utmost good faith: the duty of disclosure

In Niramax Group Ltd v Zurich Insurance plc [2020] EWHC 535 (Comm) Cockerill J considered a variety of non-disclosure defences in respect of a policy on plant used in a waste recycling business. Most of the matters related to the placement of an entirely separate property policy, it being contended that failure to disclose matters relating to the property insurance were material to the plant policy.

The placement was in 2015, just pre-dating the implementation of the Insurance Act 2015 and so the matter was governed by the Marine Insurance Act 1906, although the outcome would not have been changed by the new legislation.