The claimants had failed to disclose previous demurrage losses, and now appealed a dismissal of their claim under the policy for non-disclosure such as to be a breach of their duty of utmost good faith.
Held: the demurrage losses incurred by the claimants were relevant, and their relevance should have been known to the insured’s agent. It is for the insured to give the underwriter the material; it is not for the underwriter to ask for it. There had been no waiver of the duty to disclose. Appeal dismissed.
Judges:
Lord Justice Leggatt Lord Justice Hutchison Lord Justice Waller
Citations:
[1996] EWCA Civ 1206
Statutes:
Marine Insurance Act l906 17 18
Jurisdiction:
England and Wales
Citing:
Cited – Carter v Boehm 1766
Lord Mansfield CJ said: ‘The underwriter, here, knowing the governor to be acquainted with the state of the place; knowing that he apprehended danger, and must have some ground for his apprehension; being told nothing of either; signed this policy, . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 04 November 2022; Ref: scu.141074