Claudia Gwinn
Claudia Gwinn is currently a trainee in Reed Smith's Global Commercial Disputes Group, having joined the firm in February 2023.
Practice Area
Panel
- Contributing Author
Qualifications
- Modern and Medieval Languages (2018)
- GDL LLM (2020)
- LPC (2022)
Education
- University of Cambridge (2018)
- BPP (2020,2022)
1 Contributions by Claudia Gwinn
PRACTICE NOTES
Waiver and estoppel in non‑consumer insurance: underwriting and claims‑handling, fair presentation and proposal questions; subrogation; AI placement; warranties, conditions and reservation of rights; delegated authority
This Practice Note explores waivers in the context of insurance underwriting and claims-handling. Although it chiefly focuses on the law of waiver for a ‘non-consumer insurance contract’ (as defined in section 1 of the Insurance Act 2015 (IA 2015)), it also distils principles from case law concerning a ‘consumer insurance contract’ (as defined in section 1 of the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012))...
Waiver during the underwriting process
The duty of fair presentation
IA 2015 introduced a duty on the insured to give a fair presentation of the risk to the insurer in relation to a ‘non-consumer insurance contract’. In short, this means the insured must either:
disclose to the insurer ‘every material circumstance which the insured knows or ought to know’; or
‘failing that, disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances’
A circumstance is material ‘if it would influence the judgement of a prudent insurer in determining whether to take the risk and, if so, on what terms’. In light of limb 1) above, the...
Insurance & Reinsurance
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