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Flashcards in Court Cases Deck (20)
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1

Castellain vs. Preston

Subject-matter of the contract

2

Rozanes vs. Bowen

The assured must make a full disclosure to the underwriter without being asked of all the material circumstances

3

Carter vs. Boehm

The underwriter trusts the proposers’ representation

4

Kettlewell vs. Refuge Assurance Company

Misleading an insured about a policy cover is a breach of utmost good faith

5

Roselodge vs. Castle

The judge ridiculed the insurer’s suggestion that the fact the proposer was caught stealing when he was 12 would be material to an application for insurance many years later

6

Oei vs. Foster

Chip-pan fire

7

Coles vs. Hetherton

Insurers seeking vehicle repair costs at the market rate, when work was carried out by their own repair network at a discounted rate, was lawful

8

Currie vs. Misa

Definition of consideration - each person's side of the bargain which supports the contract

9

Dalby vs. The India and London Life Assurance Company

There need be no value insurable interest at the time of a claim for a life insurance policy

10

Gloystarne & Co Ltd. vs. Mr G S Martin

Apparent (ostensible) authority - for an agent that claims to act on behalf of a principal it takes the principal's conduct to indicate that the agent is acting on their behalf, or if they don't have authority to carry out certain tasks, the way to determine whether a contract is valid is if the actions carried out by the agent is of the kind that is usual in the trade or profession

11

Household Fire Insurance Co. vs. Grant

The rule that contract acceptance is made when the letter of acceptance is posted applies even if the letter is delayed, lost or destroyed in the post and never reaches the offeror

12

Hyde vs. Wrench

Conditional acceptance

13

Leyland Shipping vs. Norwich Union Fire Insurance Society

Causation is not a chain but a net, proximate cause is proximate in efficiency

14

Lister vs. Romford Ice and Cold Storage Ltd.

Cannot pursue subrogation rights against a fellow employee

15

Lucena vs. Craufurd

The law will not allow that the man due to inherit an estate has any interest, or anything more than a mere expectation

16

Marsden vs. City & County Insurance Co.

It was not inevitable that a crowd would gather and riot after the fire

17

North British and Mercantile vs. Liverpool London and Globe, known as Queen and King Canaries

Contribution only applies where the policies cover a common interest in the subject-matter, i.e. the insurable interest is the same

18

Pawsey vs. Scottish Union and National

Proximate cause means the active, efficient cause that brings about a chain of events without the intervention of any new force

19

Williams vs. Baltic Assurance Association

No evidence for interest subsisting at the time of inception, must be a reasonable expectation of acquiring interest

20

Yorkshire Insurance Co. vs. Nisbet Shipping Co.

Insurers not entitled to recover more through subrogation than they have paid out, e.g. through exchange rates