Lloyd's Maritime Law Newsletter
St Paul Fire and Marine Co (UK) Ltd v McConnell Dowell Constructors Ltd - Court of Appeal (Nourse, Evans and Rose LJJ) - 3 May 1995
Insurance - Non disclosure - Appropriate test of materiality
In
Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co
[1994] 2 Lloyd’s Rep 427 the majority of the House of Lords, in considering the question of materiality in non disclosure and misrepresentation cases,
rejected the decisive influence test. In the present case, the question arose - if the decisive influence test was to be rejected,
what was the true test?