Mutual Energy Ltd Claimant v (1) Starr Underwriting Agents Ltd (2) Travellers Syndicate Management Ltd

Citation: [2016] EWHC 590 (TCC)

Nature of case:

The court determined that “deliberate … non-disclosure”, as referred to in an exclusion clause in an insurance policy, had to involve a dishonest decision not to disclose. A company’s decision not to disclose something as the result of an honest but mistaken belief that it did not need to be disclosed was therefore not enough to allow the insurers to avoid the policy.

Link to Judgment

Counsel: Marcus Taverner QC and Calum Lamont appeared on behalf of the Claimant.

Counsel

Marcus Taverner KC
Calum Lamont KC

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