JONES V ZURICH INSURANCE PLC

[2021] EWHC 1320 (Comm), Queen’s Bench Division, Commercial Court, His Honour Judge Pelling QC, sitting as a High Court Judge, 18 May 2021

Insurance – Consumer policy – Duty to take reasonable care – Consumer Insurance (Disclosure and Representations) Act 2012

Mr Jones (J) was insured by Zurich Insurance plc (ZI) under a policy which covered loss of his personal effects while holidaying. The risk was presented by brokers. In response to the question “Any losses or claims in the last 5 years” the presentation stated “No” and “No claims history as previously lived with parents”. Both statements were false: in 2016 the claimant had recovered from insurers £15,000 in respect of a diamond lost from a ring by his then girlfriend. The brokers later confirmed, based on information received by J, that the answers were correct. J subsequently made a claim for a watch valued at £190,000 lost on a skiing holiday.