KOMIVES AND ANOTHER V HICK LANE BEDDING LTD (IN ADMINISTRATION) AND ANOTHER

[2021] EWHC 3139 (QB). Queen’s Bench Division, Mrs Justice May, 24 November 2021

Insurance (employers’ liability) – Failure by employer to disclose use of employees as modern slaves – Claims by employees for injury – Insurers avoiding policy – Whether ICOBS applied to the avoidance

The two claimants were employed by the defendant between 2009 and 2013. They were subjected to modern slavery and both suffered injury in that period. The defendant went into administration on 9 June 2015 and was insolvent. An action was brought against the defendant’s liability insurers under the Third Parties (Rights against Insurers) Act 1930, who avoided the policy for material non-disclosure and misrepresentation on the part of the defendant in respect of health and safety provision.