Waiver by the insurer in relation to underwriting and claims-handling

Produced in partnership with Mark Pring of Reed Smith , Katherine Varney of Reed Smith and Claudia Gwinn of Reed Smith
Practice notes

Waiver by the insurer in relation to underwriting and claims-handling

Produced in partnership with Mark Pring of Reed Smith , Katherine Varney of Reed Smith and Claudia Gwinn of Reed Smith

Practice notes
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This Practice Note considers waivers in the context of insurance underwriting and claims-handling. While the focus of this Practice Note is on the law of waiver relating to a ‘non-consumer insurance contract’ (as defined in section 1 of the Insurance Act 2015 (IA 2015)), certain principles are gleaned from case law relating to 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 make a fair presentation of the risk to the insurer in relation to a ‘non-consumer insurance contract’.

In summary, this involves the insured

  1. 1) disclosing to the insurer ‘every material circumstance which the insured knows or ought to know’ or

  2. 2) ‘failing that, disclosure which gives the insurer sufficient information to put a prudent insurer on notice that it needs to make further enquiries for

Mark Pring
Mark Pring

Mark is a London-based partner in Reed Smith's Insurance Recovery Group, a market-leading team of coverage experts operating internationally who are committed to providing support only to insured policyholders. Mark has had extensive experience, for nearly 30 years, in handling high-value, multi-jurisdictional insurance and other commercial disputes (including cross-border litigation and arbitration proceedings). In the insurance context, that experience has covered a range of non-marine and marine risks - including professional indemnity, financial institutions, directors' and officers' liability, property, energy and construction risks. Mark's practice also increasingly involves "risk management" work, including advising on corporate governance matters, reviewing anti-corruption policies and procedures and conducting reviews of insurance arrangements. Having previously lived and worked in the region, Mark continues to work closely with clients from, and investors into, Middle East jurisdictions. He has also developed a strong reputation for assisting policyholder clients based in a number of offshore jurisdictions (in particular, Jersey and Guernsey).

Mark is regularly commended by independent legal directories: he "is brilliant. He never shies away from in-depth and complicated discussions but also has a very good and accessible way of explaining things. He is lovely to work with and gets on very well with clients." "He is an insurance expert who gets to the heart of things." - Chambers & Partners UK, 2022.

Mark was granted Higher Rights of Audience (Civil Proceedings) in November 2016. 

Mark was identified as a "Best Client Partner 2014" in a Legal Week survey of FTSE 100 general counsel.

Finally, Mark is the coordinating partner for a number of Reed Smith’s pro bono initiatives focusing on access to justice and immigration law rights.

Katherine Varney
Katherine Varney

Associate, Reed Smith


Katie is an associate in Reed Smith’s Global Commercial Disputes Group, having joined the firm as a trainee in February 2020. She has experience in insurance recovery and English High Court disputes.

Katie has advised on the coverage position under a wide variety of policies, including political risk, directors’ and officers’ liability, business interruption and more.

Prior to qualifying into the Global Commercial Disputes Group, Katie sat in the Transportation Industry Group (focusing on casualty and admiralty) and the Financial Industry Group (focusing on structured finance). She also gained in-house experience by carrying out a six-month secondment to a real estate finance client.

Claudia Gwinn
Claudia Gwinn

Trainee Solicitor, Reed Smith


Claudia Gwinn is currently a trainee in Reed Smith's Global Commercial Disputes Group, having joined the firm in February 2023.

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Jurisdiction(s):
United Kingdom
Key definition:
Waiver definition
What does Waiver mean?

In the law of contract, the term 'waiver' is most commonly used to denote the granting of a concession by one party to a contract by not insisting on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term waived.

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