The pursuer sought indemnity from his insurers. They said that he had failed to disclose the fact that his car was an Audi A4 Quattro. He said that the on-line system through which he had applied did not allow him to make that specification, though there were later opportunities to do so. The insurers did not at that time have the facility to identify a car’s specification from its registration details.
Held: The pursuer had not acted in utmost good faith and his action failed: ‘An Audi A4 DTM FSI QUATTRO is a limited edition car. It`s power has gone from 197 bhp in the normal car to 217 bhp and a top speed of 152 mph. As its name implies the car is a four wheel drive vehicle. The A4 DTM FSI QUATTRO bears a little resemblance to the standard A4 two litre. ‘
Sherif Thomas Ward
[2013] ScotSC 23
Bailii
Insurance, Scotland
Updated: 17 November 2021; Ref: scu.513815
