Policy Non-Avoidance Clause defeats estoppel based on non-fraudulent representation as well as defeating misrepresentation
The Court of Appeal judgment in ABN Amro Bank v RSA and others and Edge Insurance Brokers [2021] EWCA Civ 1789 relates to the construction of a trade credit clause and the effect of an (inaccurate) "as expiry" representation made by the broker. In issue was whether a standard non-avoidance clause prevented insurers not only from relying on misrepresentation in relation to the trade credit clause, but also prevented them from founding an estoppel based on the same misrepresentation, which would otherwise preclude the insured from enforcing the clause.
