The duty of fair presentation in action

Russell Cowie, at CMS, looks at the court's approach to an insured's duty of fair presentation

Delos Shipholding SA and Others v Allianz Global Corporate and Specialty SE and Others [2024] 1 Lloyd's Rep 489 is the latest decision to consider, among other things, the duty of fair presentation under the Insurance Act 2015. It provides a helpful reminder of what an insurer must establish if it wishes to avoid a policy for non-disclosure/misrepresentation, or to deny a claim on the basis that, had the relevant disclosures been made, it would have entered the policy on different terms.