2015 Insurance Act: A Court Case

Sometimes it’s just to get what we want by putting over our side of things but acknowledging that there is clearly another side to the argument.

We’re especially good at this when it’s to fight someone else’s corner. Then there are times when it’s just taking on ‘The Man’ with our caped superhero outfit, fighting for the rights of the downtrodden masses, or maybe because it’s Monday.

Then of course, there is the best reason – because you’re right!

In my experience this tends to be confused with the previous reasons far too often, particularly if you’re getting angry. Being right is probably a lot different to having a difference of opinion, when you could say that you’re both right!

If I argue that Shrewsbury should be pronounced Shrewsbury I’m not going to convince everyone despite a very strong historical case, but if I argued that it is the county town of Shropshire then I’d be right.

I only waffle on about this because we’ve just had the first court case testing the 2015 Insurance Act.

I know, you’re on the edge of your seat now, aren’t you? Please Mark, tell me more …

The Case

Well, since you asked, a £7.2 million claim has been turned down because a director of a company didn’t disclose a material fact, which was that he’d been a director of other companies that had entered into insolvency. When they claimed on the policy this information came to light and the insurers refused on the basis that they would never have insured them had they known.

There were strong legal arguments on both sides, but it ended in the insurance company winning because that is what the court decided – i.e. however right the director thought he was, it turned out he wasn’t because the court thought differently (and for what it’s worth I thought he was wrong too).

Overview: Advising Caution

To my point; if you think that a question on an insurance proposal can be answered in such a way as to make your case sound better, or you know there is something they want to know but in your view they haven’t asked correctly, think very carefully how you answer.

There is so much information out there now about our history as directors, our credit history, our claims history, where we live etc., that you may be caught out, and if you think you have a great argument, if you have to contest it, think about who will make the decision on something – e.g. if it goes to court will it be you just because you’re ‘right’?

If you need help and Peace of Mind, call us.

Mark Freeman.