The insured had taken out insurance with the plaintiff, but had undervalued it. It burned down due to the negligence of a third party.
Held: The insured was entitled to sue for the entire sum in his own name and as he thought fit, but would remain subject to liability to his insurers for any breach of an equitable duty to them. James LJ referred to the insured having an equitable duty or obligation but did not further define it.
Judges:
James LJ
Citations:
(1874) LR9 Ch App 483, 43 LJ Ch 601 LJJ
Jurisdiction:
England and Wales
Cited by:
Cited – Horwood and Others v Land of Leather Ltd and Others ComC 18-Mar-2010
The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 15 May 2022; Ref: scu.403373