A claim was made under an all risks policy on goods in transit and in storage pending sale. The insurers disputed the insured’s title and accused her of fraudulently exaggerating her claim. They also alleged that facts and documents relevant to these issues had been concealed.
Held: Roche J directed the jury: ‘Fraud, said his Lordship, was not mere lying. It was seeking to obtain an advantage, generally monetary, or to put someone else at a disadvantage by lies and deceit. It would be sufficient to come within the definition of fraud if the jury thought that in the investigation deceit had been used to secure easier or quicker payment of the money than would have been obtained if the truth had been told.’
Judges:
Roche J
Citations:
(1930) 38 L Rep 54
Jurisdiction:
England and Wales
Cited by:
Cited – Versloot Dredging Bv and Another v Hdi Gerling Industrie Versicherung Ag and Others SC 20-Jul-2016
The ‘DC MERWESTONE’ suffered a water ingress of water flooding the engine room. This resulted from (i) the negligence of the crew in failing to close the sea inlet valve of the emergency fire pump and drain down the system, after they had used the . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 21 May 2022; Ref: scu.623433