Pre contractual information duty cases Flashcards
Duty of good faith exists throughout the currency of the policy including a claim although policy can only be avoided if fraud
Manifest Shipping Co. v Uni-Polaris Shipping Co. (2001) (The Star Sea).
Breach of utmost good faith by insurers entitles insured to return of premiums
Banque Financiere De La Cite S.A. v Westgate Insurance Co. Ltd. (1991).
Fact material if influence the judgement of a prudent underwriter.
Marine Insurance Act 1906 S. 18.2
Fact one that typical underwriter would want to know Ð need not be decisive
CTI Case Container Transport International Inc. v Oceanus Mutual Underwriting Association (Bermuda) Ltd (1984)
Must show underwriter was induced in to contract by non-disclosure
Pan Atlantic Insurance Co v Pine Top Insurance Co (1994)
Inducement presumed insured has to prove that material fact did not induce
St Paul Fire v McConnell Dowell Construction (1995)
Whole claim forfeited even though only £2,000 of £16,000 claim fraudulent
Galloway v GRE (1999)
Hayward awarded £134,000 at trial for back injuries subsequent evidence revealed he had been exaggerating injuries and damages reduced to £14,000
Hayward v. Zurich Insurance Company plc (2016)
A twelve year old conviction for armed robbery was held material to a proposal for household buildings insurance.
Woolcott v. Sun Alliance & London Insurance (1978)
Producing not vicariously liable for the negligence,of an independent contractor (the placing broker). Duty of the producing broker, is limited to taking care to choose a competent sub-broker and giving it appropriate instructions.
Involnert Management Inc v. Aprilgrange Ltd (2015) (The Galetea)
Nature of the duty of disclosure
Rozanes v. Bowen (1928)
Duty of Fair Presentation
Insurance Act (2015)
