The recent case of Dalecroft Properties v Underwriters Subscribing [2017] provides a useful illustration as to how a Court might approach the avoidance of a policy and declinature of a claim under the 2015 Insurance Act. In particular, the case involved a MGA and the use of an on-line underwriting platform to insure a large property in Margate which was subsequently destroyed by a fire and resulted in a claim.
The speaker worked on the case and will provide a useful insight into how the Court approached cross examination at trial. We will discuss potential pitfalls which came to light during the case which may provide useful guidance for MGAs moving forwards who rely on on-line underwriting platform and certain issues to be aware of when their systems are put to test under the new Act.