← All Authorities
United Kingdom utmost good faithavoidance

Drake Insurance Plc v. Provident Insurance Plc

[2003] EWCA Civ 1834; [2004] QB 601
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2004
StatusBinding authority

Key Principle

An insurer's right to avoid a policy for non-disclosure or misrepresentation is itself subject to the mutual duty of utmost good faith and may not be exercised where there has been no inducement and the insurer acts otherwise than in good faith; avoidance is assessed by reference to the facts known to the insurer at the time of contract.

Area of Law

General

Related Cases

TNLC & Anor v Gambling Commission & Ors [2026] EWHC 891 (TCC)
Aabar Holdings S.A.R.L. and others v Glencore Plc and others [2026] EWHC 877 (Comm)
Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

Ask CommonBench about this case

Get a detailed analysis of Drake Insurance Plc v. Provident Insurance Plc and how it applies to your situation.

Explain Drake Insurance Plc v. Provide...