Reinsurance

Non-disclosure and breach of warranty

The Court of Appeal has, in Toomey (of Syndicate 2021) v Banco Vitalicio de Espana SA de Seguros y Reasseguros [2004] EWCA Civ 622, upheld the first instance decision of Toulson J, reported at [2004] Lloyd’s Rep IR 379 and discussed in the January 2004 issue of Insurance Law Monthly. The only reasoned judgment of the Court of Appeal was given by Thomas LJ.