A thoroughbred mastiff was insured against loss (accidental death, disease or destruction for humane reasons). On veterinary advice, but without the insurer's consent, the owner (insured) had the mastiff destroyed for humane reasons.

The insurer denied liability as it had not given its consent to the mastiff being destroyed because, according to its own veterinary advice, the mastiff's condition could improve with treatment. The insurer had even offered to pay the veterinary fees for the treatment. The owner claimed that the insurer refusing consent to destruction was a breach of the policy and of its obligation to act towards the insured with the utmost good faith under s. 13 and s. 14. The insurer claimed that the insured's conduct in having the mastiff destroyed was in breach of its good faith obligations to the insurer under s. 13 and s. 14 of the ICA.

• What should be the outcome to this insurance claim?
• How long does the duty of disclosure continue for?