Utmost good faith

Waiver and affirmation

The decision of Simon J in WISE (Underwriting Agency) Ltd v Grupo Nacional Provincial SA [2003] EWHC 1706 (Comm) was on its face unexceptional. However, the appeal to the Court of Appeal [2004] EWCA Civ 962, [2004] Lloyd’s Rep IR (forthcoming) provided an opportunity for a re-examination of the operation of the doctrines of waiver and affirmation in the context of utmost good faith. The decision provoked a sharp disagreement between two of the giants of insurance law, Rix and Longmore LJ, on both issues.