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Insurance Law Monthly

The divisibility of rights

There are numerous authorities for the proposition that the rights of each co-assured under a composite policy are divisible and separate. Thus, if the insurers have the right to avoid a composite policy against one co-assured, the other co-assureds are unaffected and remain entitled to claim. In Brit Syndicates Ltd and others v Italaudit SpA [2006] EWHC 341 (Comm) the question was whether avoidance against one co-assured affected the rights of another co-assured in respect of claims against it for the misdeeds of the former.

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