Insurance

Question 1

Castellain v Preston

Answer 1

Insured must never be more than fully indemnified

Question 2

Simpson & Co v Thomson

Answer 2

Subornation, allows insurer to enforce rights of insured

Question 3

Barras v Hamilton

Answer 3

Courts can construe lease no intention to impose liability

Question 4

Life association of Scotland v foster

Answer 4

Utmost good faith

Question 5

Carter v Boehm

Answer 5

Good faith reciprocal

Question 6

Dora case

Answer 6

Yacht

Question 7

George Cohen & Sons

Answer 7

Obsolete battle ship

Question 8

Asfar & Co v Blundell

Answer 8

Every fact

Question 9

Mann MacNeil & Steve’s Ltd

Answer 9

Petrol

Question 10

Leopard v Excess insurance co

Answer 10

Cottage

Question 11

Prudential insurance v Inland Revenue

Answer 11

Definition; consideration; secure benefit

Question 12

Feasey v Sunlife insurance

Answer 12

Context of terms highly significant, circumstances determine interest

Novel way

Question 13

Stock v Inglis

Answer 13

Duty of court to lean towards insurable interest

Question 14

Darby v India & London life assurance

Answer 14

Sufficient if the insurable interest existed at time insurance made; no requirement it continue in existence until time of loss

Question 15

Mark Rowlands Ltd

Answer 15

Suggests 1774 act does not apply

Question 16

Bell principles

Answer 16

Insured in indemnity must have interest

Question 17

Fehily v General Accident Fire and Life Assurance Corp Ltd

Answer 17

Tenant insured building

Question 18

Stevenson v snow

Answer 18

Equity implies insurer shall not receive the price of running risk of does not

Question 19

Hughes v LV

Answer 19

Insured innocent of illegal conduct , premiums repayable

Question 20

Hussain v Brown

Answer 20

Normal rules of contractual interp apply to insurance warranties

Question 21

Anderson v Fitzgerald

Answer 21

Premiums repayable unless fraud