The duty of fair presentation
The duty of fair presentation
I turn now to the separate question whether there was a breach by the respondent insureds of the duty of fair presentation which entitled the appellant insurers to reject liability for the claim. This question arises out of the fact that serious criminal charges had been brought against Delos’s sole director, Mr Bairactaris, which were not disclosed to the insurers when the policy was renewed in June 2018.
- Heading
- LORD JUSTICE MALES
- Background
- The reason for the detention of the vessel
- The policy
- Clause 4.1.5 of the English Institute Clauses 1983
- The judgment – exclusion 1(e)
- The appellants’ submissions – exclusion 1(e)
- Analysis – exclusion 1(e)
- Customs regulations
- Quarantine regulations
- ‘Under’ and ‘by reason of the infringement of’
- ‘and similar’
- The duty of fair presentation
- The criminal charges against Mr Bairactaris
- Relevant provisions of the Insurance Act 2015
- Extraneous materials
- The judgment – duty of fair presentation
- The appellants’ submissions – duty of fair presentation
- Analysis – duty of fair presentation
- Ought to know
- Should reasonably have been revealed
- Inducement and remedy
- The Respondents’ Notice
- Conclusions
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