Presentation of the risk: pre-contract warranties

The decision of Her Honour Judge Kelly in Scotbeef Ltd v D&S Storage Ltd [2024] EWHC 341 (TCC); [2024] Lloyd's Rep IR 303 is the first significant substantive discussion of the Insurance Act 2015. Attention in this case was focused on section 9 of the 2015 Act, which requires all pre-contractual statements to be treated as representations and to be assessed on their merits under the duty of fair presentation rather than as absolute warranties permitting denial of liability for any breach.

Scotbeef: the facts