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Criado por katy_mcbride12
mais de 11 anos atrás
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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