INTERNATIONAL LOTTERY MANAGEMENT LTD v DUMAS AND OTHERS

[2002] Lloyd's Rep IR 237

QUEEN’S BENCH DIVISION

Before His Honour Judge Dean QC

Insurance (political risks) - Assured seeking to establish lottery in Azerbaijan - Preparations made for establishing lottery - Azerbaijan Government deciding to run lottery itself - Construction of policy - Utmost good faith - Whether misrepresentation as to authorisation under Azerbaijan law - Whether misleading statements as to effect of Azerbaijan Decree 33 - Declaration that assured had to best of knowledge not withheld material information - Whether assured aware of materiality of information - Marine Insurance Act 1906, section 18(3)(d) - Whether misrepresentation to leading underwriter entitled following market to avoid policy.