Genesis Housing Association v Liberty Syndicate: Success for Richard Sage in the Court of Appeal

Richard Sage instructed by Norton Rose Fulbright LLP.

Richard Sage appeared for the successful Respondent in Genesis Housing Association v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173. The Court of Appeal confirmed that where a proposal form contains a “basis of contract” clause, (i) the proposal form has contractual effect, even if the policy contains no reference to the proposal form; and (ii) all statements in the proposal form constitute warranties on which the insurance contract is based. In this case, Genesis applied for a policy of latent defects insurance for a housing development. Through inadvertence the proposal form signed on behalf of Genesis contained inaccurate statements regarding the identity of the builder. The inaccurate statements amounted to breach of warranty, and the policy was or became void as a result.

Click here for the judgment

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