Eagle Star v Games Video (The Game Boy) 2004
The English Commercial Court decision on overvaluation of an insured vessel as a material circumstance entitling the insurer to avoid.
Eagle Star Insurance Co Ltd v Games Video Co (GVC) SA (The Game Boy) [2004] EWHC 15 (Comm) is a decision of Simon J in the Commercial Court, given on 16 January 2004. The court held that an overvaluation of an insured vessel in multiples of its real value was material, and that the insurer was entitled to avoid the policy.
The full article will cover the facts, the treatment of Ionides v Pender (1874), the pre-2015 disclosure law the case applied, and how the same facts would be analyzed under the Insurance Act 2015 duty of fair presentation. The cargo insured value article covers how this topic affects the sum insured on a cargo policy.