Informed Insurance

The home of thought leadership by

Informed Insurance

Predictions
Or
Or
Regulation

Prediction: Insurers will be encouraged by the Insurance Act decision in MOK Petro Energy

Regulation
Property
LinkedIn Email Share this prediction
Prediction

The positive decision for insurers in MOK Petro Energy will see section 11 of the Insurance Act 2015 being given a broad interpretation, it not being necessary in that case to establish a direct causal link between the breach of a policy term and the loss, for cover to be limited. Section 11 requires the breach of a policy term to be relevant to the actual loss if it is relied on to limit cover. MOK breached a warranty requiring a surveyor to inspect and certify shore lines connecting to its vessel. Although inspection occurred, certification did not. Insurers sought to rely on this breach to refuse the claim. MOK argued that the failure to certify was immaterial to the loss. It was decided (obiter) that it was necessary to look at the warranty as a whole. Non-compliance could have increased the risk of loss that actually occurred (water contamination). This provided grounds for insurers successfully to refuse MOK's claim.

Back to Regulation