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Court ruling clarifies insurance recoupment rights after policy avoidance

Summary by Balfour + Manson
In a significant judgment handed down on 10 June 2025, the Court of Session has clarified the complex relationship between insurance policy avoidance and insurers’ rights to recover settlement payments. The case of Ian Whyte v David Arthur and UK Insurance Limited [2025] CSOH 47 was taken to debate by David McNaughtan KC and David Swanney supported by Peter Littlefair at Balfour+Manson acting as agents for Grigor & Young LLP.  Lady Haldane refus…
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Balfour + Manson broke the news in on Wednesday, June 18, 2025.
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