News

News

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


Back to News

LATEST NEWS:

About cookies on our website

Our site uses cookies to improve your experience of certain areas of the site. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended. To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our privacy policy page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits).