Cases

Question 1

Roseloge v, Castle 1966

Answer 1

Moral hazard personal history

Question 2

Kettlewell v refuge assurance company

Answer 2

Misleading an insurer about policy cover is a breach of good faith

Question 3

Castelliain v Preston 1883

Answer 3

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

Question 4

Lucena v. Craufurd (1806

Answer 4

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

Question 5

Lister v. Romford Ice and Cold Storage Ltd (1957

Answer 5

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

Question 6

Yorkshire insurance co v nisbet shipping co ltd 1961

Answer 6

with the principle of indemnity insurer are also not

entitled recover more then they have paid out

Question 7

Currie v. Misa (1875

Answer 7

contracts must be supported by consideration to be valid

Question 8

Hyde v wrench

Answer 8

Conditional acceptance

Question 9

Oei v fuster 1982

Answer 9

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.

Question 10

Pewsey v Scottish Union and national 1907

Answer 10

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

Question 11

Marsden v city county company

Answer 11

Common sense can be applied to determine the proximate cause of the loss by looking at the cause and effect

Question 12

Dalby v india and London life assurance company 1854=

Answer 12

life insurance there needs to be no valid insurable

interest at the time of a claim

Question 13

Leyland shipping v Norwich fire insurance 1918

Answer 13

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’

Question 14

North British and meranantile v Liverpool and London and globe 1077=

Answer 14

= know as the king and queen arise the

insurable interest in the same owner user or bailee

Question 15

Coles v hetherton 2013=

Answer 15

in the insurable subrogation rights

Question 16

Gloystarne and co LTD vs mr G s Martin 2000

Answer 16

Apparent authority

Question 17

Household fire insurance co Vs grant 1879=

Answer 17

Postal acceptance

Question 18

The Marine Insurance (Gambling Policies) Act 1909

Answer 18

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.

Question 19

Household fire insurance co Vs grant 1879=

Answer 19

Postal acceptance

Question 20

William v Baltic assurance association 1924-

Answer 20

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

Question 21

Lucena V craufurd 1905

Answer 21

The Expectations of acquiring insurable interest at some time in the Future (however
certain may not be enough to create insurable interest

Question 22

Gaskarth v. Law Union (1876

Answer 22

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

Question 23

The Consumer Insurance (Disclosure and Representations) Act 2012 (CIDRA) came into force on 6 April 2013

Answer 23

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

Question 24

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO),

Answer 24

which amends the Rehabilitation of

Offenders Act 1974, came into force on 10 March 2014 in England and Wales

Question 25

Settled Land Act 1925 and the Repair of Benefice Buildings Measure Act 1972

Answer 25

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

Question 26

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)

Answer 26

Where earthquake was excluded and the insurers were

held not to be liable for the damage.

Question 27

Settled Land Act 1925 and the Repair of Benefice Buildings Measure Act 1972

Answer 27

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