Atlantic Insurance Co Ltd v Pine Top Insurance Co - LMLN 389 4 October 1994

Our summary of Atlantic Insurance Co Ltd v Pine Top Insurance Co LMLN 389 stated that, so far as the materiality point was concerned, the decisive influence test was rejected by the majority of the House of Lords, and went on to say that the true test was whether a prudent underwriter, if he had known the undisclosed facts, would view the undisclosed material as probably tending to increase the risk. Although there is no doubt that the decisive influence test was rejected, our view of what the majority of the House of Lords considered was the true test of materiality was our own view based on consideration of the judgments in the Court of Appeal and of the speeches of the majority of the House of Lords.