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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?

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