The plaintiffs operated a scheme relying upon insurance. The insurers refused to renew, and they then approached and obtained insurance from the defendants, but it was alleged without disclosing the full history.
Held: The plaintiffs had made representations which were both material and untrue within s20. The circumstances would have been taken account of by a prudent insurer, and the defendant was free to avoid liability. The defendant could not be said to have waived disclosure, and nor was it under constructive notice.
Citations:
[1984] 1 Lloyd’s Rep 476
Statutes:
Marine Insurance Act 1906 18(1) 20
Jurisdiction:
England and Wales
Cited by:
Applied – Pan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd HL 27-Jul-1994
The plaintiff had written long term (tail) insurance. The defendant came to re-insure it. On a dispute there were shown greater losses than had been disclosed, and that this had been known to the Plaintiff.
Held: ‘material circumstance’ which . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 21 July 2022; Ref: scu.194951