Contribution

Contribution and voluntary payment

The decision in Drake Insurance plc v Provident Insurance plc is, in essence, in two parts. The first part raised the question of whether the Provident policy could be avoided for non-disclosure on the part of S: had that been the position, then no right to contribution could have arisen. However, the Court of Appeal ruled that the policy was a valid one. This then led to a further question: was Drake entitled to contribution, or was its claim precluded by reason of the fact that it was a volunteer?