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HIH Casualty & General Insurance Ltd & Others -v- The Chase Manhattan Bank & Others (Court of Appeal)

31st Jul 2001

[2001] 2 Lloyd’s Rep 483; [2001] 1 All ER (Comm) 719

Christopher Butcher, David Edwards, Simon Picken, James Drake, and Michael Holmes were involved in one of the leading cases in the film finance insurance litigation, involving various issues such as the question of whether it is possible to exclude liability for the fraud of an agent. House of Lords decision at [2003] 2 Lloyd’s Rep. 61

Insurance (Financial contingency) – Non-disclosure – Misrepresentation – Duty of utmost good faith – Contracts for and of insurance – Allegations of non-disclosure and misrepresentation – Whether insurers entitled to avoid or rescind contract – Whether insurers entitled to damages for fraudulent and negligent misrepresentation – Whether breach of duty of utmost good faith.