Relief for brokers following Drake versus Provident
The recent Court of Appeal decision has highlighted the contentious issue of policy avoidance, resulting in limits being now imposed on insurers
The decision in the December 2003 case of Drake Insurance versus Provident Insurance brings welcome relief to brokers by limiting when insurers can avoid policies and in giving wider effect to the duty of utmost good faith in the favour of the insured.
The case revolved around a Mrs Kaur, whose car collided with a motorcyclist who suffered serious injuries as a result. The car belonged to her husband, Mr Singh, and was insured with Provident, with Mrs Kaur as a named driver.
She also had a policy
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