Lord Esher MR: ‘This seems to me to be the true doctrine. The freedom from mis-representation or concealment is a condition precedent to the right of the assured to insist on the performance of the contract, so that on a failure of the performance of the condition the assured cannot enforce the contract.’ Lindley LJ: ‘It is a condition of the contract that there is no misrepresentation or concealment either by the assured or by anyone who ought as a matter of business and fair dealing to have stated or disclosed the facts to him or to the underwriter for him.’ Lord Halsbury LC warned against ‘the somewhat vague use of the word ‘agent” which, he said, ‘leads to confusion’ in insurance cases.
Judges:
Lord Esher MR, Lindley LJ,
Citations:
(1886) 17 QBD 553
Jurisdiction:
England and Wales
Citing:
Appealed to – Blackburn, Low and Co v Vigors HL 1887
There was a condition precedent of full disclosure of material facts in an insurance contract. The duty of an agent to disclose circumstances within his own knowledge to the insurer is independent of the duty of the insured to make disclosure, but: . .
Cited by:
Appeal from – Blackburn, Low and Co v Vigors HL 1887
There was a condition precedent of full disclosure of material facts in an insurance contract. The duty of an agent to disclose circumstances within his own knowledge to the insurer is independent of the duty of the insured to make disclosure, but: . .
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Lists of cited by and citing cases may be incomplete.
Agency, Insurance, Torts – Other
Updated: 12 April 2022; Ref: scu.219303