Presentation of the risk: misrepresentation and waiver of disclosure

In Ristorante Ltd (t/a Bar Massimo) v Zurich Insurance plc [2021] EWHC 2538 (Ch) there were two questions before Snowden J: had the assured misrepresented material facts by the answer given to a question about previous insolvencies; and, in the absence of misrepresentation, had the insurers waived disclosure of information relating to insolvencies by asking a limited question on the matter. The facts arose after the Insurance Act 2015 had come into force, so the duty of fair presentation was under consideration, but the law had not in any way been changed from the position under the Marine Insurance Act 1906 by the 2015 Act and the judgment makes no reference to the new (or indeed the superseded) legislation.

Ristorante Ltd : the facts