Presentation of the risk: non-disclosure and misrepresentation

In Dalecroft Properties Ltd v Underwriters [2017] EWHC 1263 (Comm) the insurers of a building sought to avoid the policy for non-disclosure and misrepresentation. There were also allegations of breach of warranty. The issues were largely factual. Although the case was decided on the law as it was before the passing of the Insurance Act 2015, it was expressly stated by Richard Salter QC, sitting as a Deputy High Court Judge, that the outcome would have been no different under the new regime.

Dalecroft : the property