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Insurance Law Monthly

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Two important decisions of the Court of Appeal have been handed down very recently, in decisions that have been discussed in some detail in previous issues of Insurance Law Monthly . In Brotherton v Aseguradora Colseguros SA , decided on 22 May 2003, the Court of Appeal has upheld the first instance decision of Moore-Bick J and has ruled that the court cannot overturn a decision of insurers to avoid a policy for breach of the duty of utmost good faith even where it is proved at trial that the facts relied upon were not, in the light of subsequent developments, material. In Scott v Copenhagen Reinsurance Co (UK) Ltd , decided on 16 May 2003, the Court of Appeal has confirmed the view of Langley J that the seizure of 15 Kuwaiti aircraft by Iraqi forces in 1990 was one event. Both of these cases will be considered in detail in forthcoming issues of Insurance Law Monthly .

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