HIH Casualty and General Insurance Ltd v Chase Manhattan Bank and Others
| Jurisdiction | England & Wales |
| Judgment Date | 31 July 2000 |
| Date | 31 July 2000 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Aiken
Insurance - limiting duty of disclosure
HIH Casualty and General Insurance Ltd and Others v Chase Manhattan Bank and Others. A contract of insurance was a contract upon speculation and a clause in a contact of insurance could exclude or limit the duty of disclosure of an insured or his agent and exclude the insurer's right to avoid liability for breach of such a duty.
There was no duty of utmost good faith in the case of contracts for insurance. However, the intention of the parties must be clear and unequivocal in the contract.
Mr Justice Aiken so stated in the Queen's Bench Division on July 31, 2000 when he gave judgment on a preliminary issue, among others, whether the claimants were entitled to avoid and/or rescind the contracts of or for insurance against the first defendant.
HIS LORDSHIP said a clause in a contract of insurance could exclude the right of an insurer to avoid the contract for breach of the duty of disclosure by the assured or his agent, even if the non-disclosure amounted to deliberate...
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