Victoria Banks v Insurance Company of the West Indies (Cayman) Ltd and Susan Yee - Judgment
Interpretation of “been prosecuted” in insurance proposal forms and its implications for disclosure obligations; Whether non-disclosure of pending motoring charges constituted breach of duty of utmost good faith; Whether insurer was entitled to avoid the policy under section 15(3) of the Vehicle Insurance (Third Party Risks) Law (2012 Revision); Whether insurer’s failure to warn insured of disclosure obligations breached duty of good faith; Relevance of regulatory standards (CIMA rules, UK and international insurance practices) to common law duty of disclosure; Applicability of waiver and contra proferentem principles in insurance contract interpretation.
| Neutral Citation | [2016] CICA 4 |
|---|---|
| Cause Number | Civ App 0018/2015 |
| Court | CICA (Civ) |
| Judge | Field JA, Martin JA, Morrison JA |
| Parties | Victoria Banks v Insurance Company of the West Indies (Cayman) Ltd and Susan Yee - Judgment |
| Judgment Date | 2016-11-04 |
| Subject | Interpretation of “been prosecuted” in insurance proposal forms and its implications for disclosure obligations; Whether non-disclosure of pending motoring charges constituted breach of duty of utmost good faith; Whether insurer was entitled to avoid the policy under section 15(3) of the Vehicle Insurance (Third Party Risks) Law (2012 Revision); Whether insurer’s failure to warn insured of disclosure obligations breached duty of good faith; Relevance of regulatory standards (CIMA rules, UK and international insurance practices) to common law duty of disclosure; Applicability of waiver and contra proferentem principles in insurance contract interpretation. |
| Filename (current) | 4tsw84okmfk11de607g21cf6953f095fe6bb679af4cc430fe86a.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Monetary Authority Act | 34(6) | 3 |
| Vehicle Insurance (Third Party Risk) Act | — | 2 |
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