Policy coverage: Bate v Aviva Insurance UK Limited

Court of Appeal

21 March 2014

The failure of the claimant to provide details of a historical fire which occurred on the claimant’s premises was a material misrepresentation. Had accurate details been provided, further questions would have been asked which would have revealed the true position and it was unlikely that cover would have been offered. Simon Durkin and Rachel Coppenhall consider the Court of Appeal decision in Bate v Aviva Insurance UK Limited (2014) and the impact that Consumer Insurance (Disclosure and Representations) Act 2012 may have had on this claim had it applied.

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