Insurance Law Cases

Anthony Feasy cases 1- property you have a right in

Anthony Feasy cases 2 - life of someone you have a pecuniary or contractual relationship with

Anthony Feasy cases 3 - seems to insure a property but insures something more eg adventure

Anthony Feasy cases 4 - interests are not strictly pecuniary eg life of husband or wife or in property that's not yours but you have a right to use

Insured must have an insurable interest

Need interest when contract signed – life assurance

Life assurance prove a financial interest or contractual relationship

Indemnity insurance – need insurable interest at the time of loss

Duty of utmost good faith as superior knowledge of the insured

Duty of disclosure – no if diminishes risk

Duty of disclosure - no if ought to be known by insured

Duty of disclosure – no if information has been waived

Indemnity disclosure on what product insurer would consider material

Agent-for-insurer, anything told to agent is told to insurer

Continue insurance on the same terms

Warranties – every clause is basis

Need to have basis for belief

Continuing warranties construed contra proferentem

Only covered whilst carrying coal not timber

Assignation – get not better right than assignor

Principle of contributuion – first insurer can sue second even if insured cannot

Clause of only one insurance only stands if only one has it

Indemnity insurance puts you in position you would have been in

Cannot claim twice

Subrogation – only if insured indemnified

Tenant/landlord subrogation – look to contract

Underinsured – insurer can claim extra from third party not insured

Insurer does not need to meet a fraudulent claim

Notify insurance company as soon as possible or it’s not valid

If there’s a time limit, not much court can do about it