58397
Descrição
Mapa Mental por katy_mcbride12, atualizado more than 1 year ago
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Criado por katy_mcbride12
mais de 11 anos atrás
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Insurance Law
- Life Assurance
- Need insurable interest when contract is
signed (Dalby v India &London Life
Assurance Co)
- Need to prove a financial interest or
contractual relationship
- Need to prove a financial interest or
contractual relationship
- Need insurable interest when contract is
signed (Dalby v India &London Life
Assurance Co)
- Indemnity Insurance
- Need to have interest at the
time of loss (Arif v Excess
Insurance)
- Need to have interest at the
time of loss (Arif v Excess
Insurance)
- Duty of utmost good
faith as there is a
superior knowledge of
the insured (Carter v
Boehm)
- Duty of DIsclosure
- DON'T disclose
- 1. Facts that diminish risk (The Dora)
- 2. Facts insurer knows or is
presumed to know already ( Cohen
Sons v Standard Marine
- 3, Not if information has been waived
(Mann McNeal v General Marine)
- 3, Not if information has been waived
(Mann McNeal v General Marine)
- 2. Facts insurer knows or is
presumed to know already ( Cohen
Sons v Standard Marine
- 1. Facts that diminish risk (The Dora)
- DO DIsclose
- 1. Claims history, previous
refusals and unspent criminal
convictions for whole duration
of cover
- In Life Assurance: judegemnt of reasonable
insured and material is objective
- In Indemnity - judgement of
reasonable insurer ( Life
Assurance of Scotland v Foster)
- In Life Assurance: judegemnt of reasonable
insured and material is objective
- 1. Claims history, previous
refusals and unspent criminal
convictions for whole duration
of cover
- DON'T disclose
- Warranties
- "Warranties as to true facts"
Continue through policy
- if in doubt, contra preferentem (Kennedy v
Smith & Answar)
- if in doubt, contra preferentem (Kennedy v
Smith & Answar)
- Warranties on past/present
facts" Not for furtuer
- Clause basis for contract can be every
answer is warranty eg Dawsons v Bonnin
- Need to have basis for belief
(Macphee v Royal Insurance)
- Need to have basis for belief
(Macphee v Royal Insurance)
- "Warranties as to true facts"
Continue through policy
- Assignation
- Rights can be assigned as long as no contrary provision
- Indemnity - may not have insurable interest
- Need intimation
- Assignee gets no better right
(Scottish Equitable Life v Buist)
- Assignee gets no better right
(Scottish Equitable Life v Buist)
- Need intimation
- Indemnity - may not have insurable interest
- Rights can be assigned as long as no contrary provision
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