Category: Commonwealth

Condogianis v The Guardian Assurance Company Limited: PC 2 May 1921

Australia – The insured had filled out a proposal form for fire insurance incorrectly having failed to mention in his answer to a question about a second of two fires for which he had previously claimed. The proposal form contained a declaration stating that the proposal was the ‘basis of the contract [and] is to be taken as part of the policy and . . the particulars to be deemed express and continuing warranties furnished by’ the insured; there was also an express clause about material misdescription and misrepresentation.
Held: Lord Shaw said: ‘The case accordingly is one of express warranty. If in point of fact the answer is untrue, the warranty still holds, notwithstanding that the untruths might have arisen inadvertently and without any kind of fraud. Secondly, the materiality of the untruth is not an issue; the parties having settled themselves-by making the fact the basis of the contract, and giving a warranty-that as between them their agreement on that subject precluded all enquiry into the issue of materiality. In the language of Lord Eldon in Newcastle Fire Insurance Co v Macmorran (1815) 3 Dow 255,262: ‘It is a first principle in the law of insurance, on all occasions, that where a representation is material it must be complied with-if immaterial, that immateriality may be inquired into and shown; but that if there is a warranty it is part of the contract that the matter is such as it is represented to be. Therefore the materiality or immateriality signifies nothing.’
This rule has been repeated over and over again and is too well-settled to be questioned . . ‘

Judges:

Lord Shaw

Citations:

[1921] UKPC 55, [1921] 2 AC 125

Links:

Bailii

Cited by:

Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd TCC 8-Nov-2012
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Insurance

Updated: 23 August 2022; Ref: scu.422978

Patton v The Toronto General Trusts Corporation and Others: PC 30 Jun 1930

(Ontario) The court considered the validity of gifts of annuities made subject to a condition precedent that the beneficiary proves himself to be ‘of the Lutheran religion’.
Held: The claim to the annuity was made out. Evidence might be given of the tenets of that religion or faith so as to see if the person is or is not an adherent of it.

Judges:

Viscount Dunedin, Blanesburgh, Darling, Atkin, MacMillan LL

Citations:

[1930] UKPC 61, [1930] AC 629

Links:

Bailii

Cited by:

Cited – Re Tuck’s Settlement Trusts CA 1-Nov-1977
By his will, Sir Adolph Tuck sought to ensure that his successors should be Jewish, and stated that the arbitrators of this must be the Chief Rabbi of his community. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Trusts

Updated: 23 August 2022; Ref: scu.421957