“…others[2001] EWCA Civ 735, HIH Casualty and General Insurance Ltd. v. Chase Manhattan Bank [2003] UKHL 6and Mutual Energy Ltd. v. Starr Underwriting Agents Ltd.[2016] EWHC 590 (TCC)). The judge held that the NAC was comprehensive, and its effect was that any non-disclosure or misrepresentation relied upon in support of avoidance had to be …”
“…lusion that recklessness was already covered by the concept of ‘wilful misconduct’. Similarly, in Mutual Energy Ltd v Starr Underwriting Agents Ltd and another [2016] EWHC 590 (TCC), insurers sought to avoid a contract of insurance on the grounds that there had been deliberate non-disclosure by the insured. The issue before the court was w…”
“… at 274B; Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC) (“Turner”) at [62]; Mutual Energy v Starr Underwriting Agents [2016] EWHC 590 (TCC) BCLR 312 at [35]; Spire Healthcare v Royal & Sun Alliance Insurance [2016] EWHC 3278 at [15]).…”