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Zurich Insurance plc UK Branch v Hayward

[2016] UKSC 48
JurisdictionUnited Kingdom
Year2016
Statusunclear

Key Principle

fraudulent personal injury claim; insurer can set aside settlement for fraudulent misrepresentation even if insurer was suspicious at time of settlement

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

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