Duty of fair presentation: misrepresentation and non-disclosure

In Clarendon Dental Spa LLP and Another v Aviva Insurance Ltd and Another [2025] EWHC 267 (Comm); [2025] Lloyd's Rep IR 228 David Quest KC was faced with a series of amendments sought by insurers by way of defence to an insurance claim and an application by the assured to strike out various paragraphs of the defence. Each of the defences under consideration concerned the duty of fair presentation under the Insurance Act 2015.

Clarendon Dental: the facts