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Judgment

Victoria Banks v Insurance Company of the West Indies (Cayman) Ltd and Susan Yee - Judgment

[2016] CICA 4 · Civ App 0018/2015 · 2016-11-04

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.

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Statute Sections cited Mentions
Monetary Authority Act 34(6) 3
Vehicle Insurance (Third Party Risk) Act — 2

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