DRAKE INSURANCE PLC v PROVIDENT INSURANCE PLC [2003] EWCA Civ 1834

[2004] Lloyd's Rep IR 277

COURT OF APPEAL

Before Lord Justice Pill, Lord Justice Clarke and Lord Justice Rix

Insurance (motor) - Insured covered by two policies - Right of contribution - Whether insurer validly avoided policy - Whether insurer induced by non-disclosure of speeding conviction - Whether insurer under duty of utmost good faith in making avoidance decision - Waiver and reinstatement of policy - Contribution - Whether payment as volunteer - Marine Insurance Act 1906, sections 17 and 18 - Road Traffic Act 1988, section 151.