Different States of Mind

Following the recent Scottish case of Burnett or Grant (Respondent) v International Insurance Company of Hanover Limited, Browne Jacobson will be providing training on the differences between different states of mind and similar concepts such as recklessness, carelessness, negligence, dishonesty etc., and how these apply in an insurance context.

For example, what is a careless breach of the duty of fair presentation as opposed to a reckless or deliberate breach? What are ‘reasonable’ precautions? etc.

Please join us for what will be a very interesting session breaking all of these concepts down, with an opportunity for questions and answers at the end.

Speakers

Katie Carney is a policy wordings manager at Browne Jacobson specialising in drafting and advising on policy wordings and all associated docs. Katie is also a council member on the Nottingham Insurance Institute.

Scarlett Kates is an associate solicitor working in Browne Jacobson’s Financial and Professionals Risks team dealing predominantly with defence of professional negligence claims.

Learning Objectives:

1. Learn about the persuasive impact of the findings from the case of Burnett or Grant (Respondent) v International Insurance Company of Hanover Limited
2. Understand the differences and similarities between various states of mind (e.g. ‘deliberate’, ‘dishonest’ and ‘reckless’) in an insurance context
3. Be able to distinguish between language used in the Insurance Act 2015 and CIDRA 2012
4. Understand the differences between pre and post policy inception states of mind
5. Develop knowledge on the application process of all of the above to an example claim

Please see the slide deck and audio recording of the session below.