Utmost good faith

Waiver of disclosure

The Court of Appeal has upheld, albeit on different grounds, the decision of HHJ Kershaw QC in Doheny and others v New India Assurance Co Ltd and others [2004] EWCA Civ 1705, [2005] Lloyd’s Rep IR (forthcoming). The case turned on the proper construction of a proposal form declaration, but the judgments contain important comments on waiver of the duty of disclosure.