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16 February 2011
Issue: 7453 / Categories: Case law , Law digest
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Insurance

Sharon’s Bakers (Europe) Ltd v AXA Insurance UK plc and another company [2011] EWHC 210 (Comm), [2011] All ER (D) 107 (Feb)

It was settled law that the concept of materiality extended beyond the risk of damage occurring within the scope of the policy, and included “moral hazard”, whereby there was an increase in the likelihood of it being made to appear falsely that loss or damage had occurred falling within the scope of the policy. Incidents of prior dishonesty by a proposer were capable of being material whether or not they had been detected or had led to conviction. Moral hazard described circumstances, invariably involving dishonesty on the part of the assured, which gave rise to a concern that there would be dishonesty in reporting the presentation of claims. The test of materiality operated by reference to what would influence the judgment of the prudent underwriter.

It was also settled that to show fraud, the insurer had to establish the use by the insured of some lie to seek to improve or embellish the facts surrounding the claim,

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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