Markel International Insurance Co Ltd v Higgins: CA 23 Jul 2009

‘This appeal arises out of a finding at trial of dishonesty against an underwriting agent in his early seventies who was then suffering from Alzheimer’s disease and had probably been suffering from it to some degree, possibly at a pre-clinical stage, at the time, two or three years earlier, when the events which led to that finding were taking place. The essential issue raised on this appeal is whether the judge, Teare J, was wrong in his conclusion that Alzheimer’s was not an explanation, either of the agent’s actions for which he had to render an account or of difficulties in his evidence at trial, such as should have led the judge to reject what were otherwise powerful allegations of dishonesty.’

Citations:

[2009] EWCA Civ 790

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 20 December 2022; Ref: scu.361454