The Court of Appeal has recently handed down its decision in the case of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590. Sam Moore has prepared an article on the case. This was a case which concerned a policy of insurance which was not subject to the Insurance Act 2015 (“the Insurance Act”). It was a case where the Court of Appeal explained what level of causation needed to be proved in order for an Insurer to avoid a policy under the pre-Insurance Act law due to material non-disclosure. It is interesting because it raises questions about how courts will deal with matters of causation where Insurers seek to exercise their remedies for a breach of the duty of fair presentation under the Insurance Act on the same facts of this case. The article can be accessed here.
