KYLE BAY LTD v UNDERWRITERS SUBSCRIBING TO POLICY NO 019057/08/01
[2007] Lloyd's Rep IR Plus 21
COURT OF APPEAL
Before Lord Justice Ward, Lord Justice Neuberger and Lord Justice Wilson
Insurance (business interruption) – Claim compromised
under final settlement on basis of gross profits cover subject to average –
Policy found to provide indemnity on declaration-linked basis not subject to
average – Whether settlement void for mistake or voidable
for misrepresentation.