Are non-disclosure exclusion clauses soon to be a thing of the past?
A recent decision from the Technology and Construction Court, Mutual Energy Ltd v Starr Underwriting Agents Ltd , looked at the interpretation of an exclusion clause relating to non-disclosure. We consider the decision and look also at the remedies that would be available to insurers were the decision to have been handed down after the Insurance Act 2015 comes into force on 12 August 2016.