A commercial fire policy which broke its warranties and provisions into sections did not evade cover when a breach of one section did not withdraw cover because that section excluded the provisions of the Act. Citations: Times 03-Feb-1999, [1999] EWCA Civ 683 Statutes: Marine Insurance Act 1906 33(3) Jurisdiction: England and Wales Insurance Updated: 30 … Continue reading Printpak v AGF Insurance Limited: CA 29 Jan 1999
The defendant made a claim under an insurance policy. The insurer made an interim payment, but then asserted that the claim was fraudulent, and sought recovery of the interim payment. Held: At common law, fraud in an insurance claim, once established, affected the entire claim. The whole claim was forfeit, and the interim payment was … Continue reading AXA General Insurance Limited v Gottlieb: CA 11 Feb 2005
The effect of breach of an insurance warranty is automatic, rather than dependant on any acceptance or election.Lord Goff of Chieveley said: ‘So it is laid down in section 33(3) that, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty. Those … Continue reading Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck): HL 1992
