High Court hands down judgment in Clarendon Dental Spa v Zurich [2025] EWHC 267 (Comm)
The High Court recently handed down Judgment in Clarendon Dental Spa LLP & Anor v Aviva Insurance Ltd & Zurich Insurance Limited [2025] EWHC 267 (Comm) in which the Claimant policyholder successfully struck out parts of its insurer’s avoidance defence on the basis the insurer, Zurich, had impliedly waived a requirement to disclose certain matters before the insurance policy was incepted.
The judgment joins a line of case law starting with the Court of Appeal in Doheny v New India Insurance Co [2005] 1 Lloyd’s Rep IR 251 and is useful reading for insurance practitioners in respect to the principles which apply when construing insurance policy documents and to implied waivers of disclosure under the Insurance Act 2015.
Ben Quiney KC and Hamish Fraser acted for the Claimant, instructed by Fenchurch Law.
David Myhill acted for the Defendant, instructed by Clyde & Co LLP.
A copy of the judgment can be found here.
