DRAKE INSURANCE PLC v. PROVIDENT INSURANCE PLC [2003] EWCA CIV 1834

[2004] 1 Lloyd's Rep. 268

COURT OF APPEAL

Before Lord Justice Pill, Lord Justice Clarke and Lord Justice Rix

Insurance (motor) - Insured covered by two policies - Right of contribution - Whether insurer validly avoided policy - Whether insurer induced by non-disclosure of speeding conviction - Whether insurer under duty of utmost good faith in making avoidance decision - Waiver and reinstatement of policy - Contribution - Whether payment as volunteer - Marine Insurance Act, 1906, ss. 17 and 18 - Road Traffic Act, 1988, s. 151.