62594
Description
Flashcards by katy_mcbride12, updated more than 1 year ago
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Created by katy_mcbride12
almost 11 years ago
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| Question | Answer |
| Anthony Feasy cases 1- property you have a right in | Macaura v Northern Insurance |
| Anthony Feasy cases 2 - life of someone you have a pecuniary or contractual relationship with | Turnbull v Scottish Providents |
| Anthony Feasy cases 3 - seems to insure a property but insures something more eg adventure | Wilson v Jones |
| 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 | The Moonacre |
| Insured must have an insurable interest | Anthony Feasy v Sun Life |
| Need interest when contract signed – life assurance | Dalby & India v London Life Assurance Co |
| Life assurance prove a financial interest or contractual relationship | Turnbull v Scottish Provident |
| Indemnity insurance – need insurable interest at the time of loss | Arif v Excess Insurance |
| Duty of utmost good faith as superior knowledge of the insured | Carter v Boehm |
| Duty of disclosure – no if diminishes risk | The Dora |
| Duty of disclosure - no if ought to be known by insured | Cohen, Sons v Standard Marine |
| Duty of disclosure – no if information has been waived | Mann McNeal v General Marine |
| Indemnity disclosure on what product insurer would consider material | Life Assurance of Scotland v Foster |
| Agent-for-insurer, anything told to agent is told to insurer | Arif v Excess Insurance |
| Continue insurance on the same terms | Stockton v Mason |
| Warranties – every clause is basis | Dawsons v Bonnin |
| Need to have basis for belief | Macphee v Royal Insurance |
| Continuing warranties construed contra proferentem | Kennedy v Smith & Answar |
| Only covered whilst carrying coal not timber | Provincial Insurance v Morgan |
| Assignation – get not better right than assignor | Scottish Equitable Life Assurance v Buist |
| Principle of contributuion – first insurer can sue second even if insured cannot | Legal & General Insurance v Drake |
| Clause of only one insurance only stands if only one has it | Weddell |
| Indemnity insurance puts you in position you would have been in | Hercules Insurance v Hunter |
| Cannot claim twice | Elcock v Thomson |
| Subrogation – only if insured indemnified | Scottish Union v Davis |
| Tenant/landlord subrogation – look to contract | Tyco Fire |
| Underinsured – insurer can claim extra from third party not insured | Napier v Hunter |
| Insurer does not need to meet a fraudulent claim | Fargnoli v G A Bonus |
| Notify insurance company as soon as possible or it’s not valid | Verelst’s Administratrix v Motor Insurance |
| If there’s a time limit, not much court can do about it | Farrell v Federal Employer’s |
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