Cases Flashcards
Roseloge v, Castle 1966
Moral hazard personal history
Kettlewell v refuge assurance company
Misleading an insurer about policy cover is a breach of good faith
Castelliain v Preston 1883
indemnity is financial compensation sufficient to place the insured in the same
financial position definition of subrogation, The financial interest a person has in the subject-matter of the
insurance, as defined in the case of Castellain V preston
Lucena v. Craufurd (1806
death bed intestate, The expectation of acquiring insurable interest at some time in the future (however certain) may not be enough to create insurable interest in general non marine Insurance
Lister v. Romford Ice and Cold Storage Ltd (1957
misleading an insurer about policy cover is a breach of good
faith , Negligent fellow employees Insurers took the decision not to pursue their recovery rights against
negligent fellow workers as a result of the court case
Yorkshire insurance co v nisbet shipping co ltd 1961
with the principle of indemnity insurer are also not
entitled recover more then they have paid out
Currie v. Misa (1875
contracts must be supported by consideration to be valid
Hyde v wrench
Conditional acceptance
Oei v fuster 1982
Modification by policy wording the claimant’s wife caused a chip pan fire in a house that
they had borrowed. She claimed against their personal liability insurer as she was legally liable for the damage
caused.
Pewsey v Scottish Union and national 1907
proximate cause means the active efficient cuase that sets in otion
a trach of events which bring about a result without the intervention of any force started and work actively
from a new and independent source
Marsden v city county company
Common sense can be applied to determine the proximate cause of the loss by looking at the cause and effect
Dalby v india and London life assurance company 1854=
life insurance there needs to be no valid insurable
interest at the time of a claim
Leyland shipping v Norwich fire insurance 1918
many situations involve several cause to a greater or less extent
, Lord Shaw stated that ‘causation is not a chain but a net’, going on to describe the proximate cause as
‘proximate in efficiency’
North British and meranantile v Liverpool and London and globe 1077=
= know as the king and queen arise the
insurable interest in the same owner user or bailee
Coles v hetherton 2013=
in the insurable subrogation rights
Gloystarne and co LTD vs mr G s Martin 2000
Apparent authority
Household fire insurance co Vs grant 1879=
Postal acceptance
The Marine Insurance (Gambling Policies) Act 1909
made it a criminal offence to effect a marine policy where
either there is no insurable interest, or where there is no reasonable expectation of such an interest
21. There are also statutes which restrict liability and therefore restrict insurable interest. For example, the
Carriage of Goods by Sea Act 1971 limits the liability of a carrier to a specific amount, and therefore their
insurable interest. Other examples of statutes restricting insurable interest are the Hotel Proprietors’ Act 1956,
Carriers Act 1830 and Trustee Act 1925.
Household fire insurance co Vs grant 1879=
Postal acceptance
William v Baltic assurance association 1924-
general non marine insurance the gaming act 1845, There is no
real support for the broad proposition that an interest must subsist at the time the policy is taken out
Lucena V craufurd 1905
The Expectations of acquiring insurable interest at some time in the Future (however
certain may not be enough to create insurable interest
Gaskarth v. Law Union (1876
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which amends the Rehabilitation of
Offenders Act 1974, came into force on 10 March 2014 in England and Wales
25. It is likely that the fire would be considered the proximate cause of the loss. However, any significant time
delay would point to the storm being the dominant (and therefore proximate) cause
The Consumer Insurance (Disclosure and Representations) Act 2012 (CIDRA) came into force on 6 April 2013
came into force on 6 April 2013.
CIDRA removes the common law duty on consumers to disclose any information that a prudent underwriter
would consider material and replaces this with a duty to take reasonable care not to make a
misrepresentatio
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO),
which amends the Rehabilitation of
Offenders Act 1974, came into force on 10 March 2014 in England and Wales
Settled Land Act 1925 and the Repair of Benefice Buildings Measure Act 1972
There are a few statutes (Acts of Parliament) which impose a particular duty on, or grant some benefit to,
certain groups of people, thus creating or modifying insurable interest. Examples of statutes imposing duties
The proximate cause of the fire is the earthquake. The case is based on Tootal Broadhurst Lee Company v.
London and Lancashire Fire Insurance Company (1908)
Where earthquake was excluded and the insurers were
held not to be liable for the damage.
Settled Land Act 1925 and the Repair of Benefice Buildings Measure Act 1972
There are a few statutes (Acts of Parliament) which impose a particular duty on, or grant some benefit to,
certain groups of people, thus creating or modifying insurable interest. Examples of statutes imposing duties
