Underwriters were held entitled to avoid insurance policies because of concealment of the undervalue of the insured shipments. Brett LJ said: ‘Here it was not only a concealment, but a fraudulent concealment, for the matter concealed was kept back from the knowledge of the underwriters in order that the assured might thereby derive an advantage. Being therefore fraudulent, it seems to me there should be no return of premium . .’
Judges:
Brett LJ
Citations:
(1880) 6 QBD 222
Jurisdiction:
England and Wales
Cited by:
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.
Insurance
Updated: 30 April 2022; Ref: scu.219461
