Agency in Insurance Law

(Odyssey (London) Ltd v OIC Run-Off Ltd, March 2000, forthcoming in [2000] Lloyd’s Rep IR.)

The extent to which the knowledge of an agent is deemed to be the knowledge of the principal has arisen in a variety of situations in insurance and reinsurance cases in recent years. The most important context in which the point becomes critical is where the agent has insured on behalf of his principal, but in the presentation to underwriters has failed to disclose material facts known to him but not to the principal. The attribution issue has arisen in a somewhat unusual insurance and reinsurance context in the recent decision of the Court of Appeal in Odyssey (London)Ltd v OIC Run-Off Ltd , March 2000, forthcoming in [2000] Lloyd’s Rep IR.