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Insurance: Case Law, Legislation, Links 08-10-14

Law of banking - cheques, PPI etc. Insurance, Financial Services/

Insurance: Case Law, Legislation, Links 08-10-14

Postby dls » Wed Oct 08, 2014 7:15 am

All insurance related questions
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Blackburn, Low & Co -v- Vigors; HL 1887 - There was a condition precedent of full disclosure of material facts in an insurance contract. The duty of an agent to disclose circumstances within his own knowledge to the insurer is independent of the duty of the insured to make disclosure, but: ‘it would, in my opinion, be a dangerous extension of the doctrine of constructive notice to hold that persons who are themselves absolutely innocent of any concealment or misrepresentation, and who have not wilfully shut their eyes or closed their ears to any means of information, are to be affected with the knowledge of matters which other persons may be morally though not legally bound to communicate to them.’
    Yorkshire Dale Steamship Co Ltd -v- Minister of War Transport; HL 1942 - The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation.

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