References: [1865] EngR 66, (1865) 4 F & F 905, (1865) 176 ER 843
Links: Commonlii
Ratio: A contract of fire insurance being a contract of indemnity, on which the assured is only entitled to recover the value of the property destroyed, and wilful misrepresentation of the value of the property destroyed will-under the usual condition agamst fraudulent claims – defeat and vitiate the whole claim. In an action on a fire insurance policy, containing the usual condition that it should become void in the event of a fraudulent claim the company setting up, in defence, both fraud and arson :-the jury being advlsed by the Judge that, as the case, as to arson, was only one of suspicion, they should decide rather upon the case as to fraud they were also directed, that if they were satisfied that the claim was wilfully faLlse and fraudulent, they should find for the company upon the plea of fraud.
Last Update: 15 August 2018
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