A Digest of the Law Relating to Marine Insurance
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579, 591 ; Carter v. Boehm (1766), 3 Burr, at p.
1910, per Lord Mansfield.
BISCLOSURE AND REPERSENTATIONS. 23 to be known to the insurer. The insurer is Seot. 18.
presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business, as such, ought to know : ^ (c.) Any circumstance as to which information is waived by the insurer : ^ {d.) Any circumstance which it is superfluous to disclose by reason of any express or implied warranty.^ (...4.) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.* (5.) The term " circumstance " includes any com- munication made to, or information received by, the assured.^ Illustrations.
1. Insurance on ship. Lloyd's List contains an entiy tliat a ship of a similar name had stranded. The broker, after enquiry, comes to the conclusion that the entry must relate to another ship, and does not disclose the information to the insurer. The insurer, not having seen the entry, may avoid the contract.^ 2.
What to read after A Digest of the Law Relating to Marine Insurance?
You can find similar books in the "Read Also" column, or choose other free books by Chalmers, Mackenzie Dalzell Edwin Stewart, Sir, 1847-1927 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
579, 591 ; Carter v. Boehm (1766), 3 Burr, at p.
1910, per Lord Mansfield.
BISCLOSURE AND REPERSENTATIONS. 23 to be known to the insurer. The insurer is Seot. 18.
presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business, as such, ought to know : ^ (c.) Any circumstance as to which information is waived by the insurer : ^ {d.) Any circumstance which it is superfluous to disclose by reason of any express or implied warranty.^ (...4.) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.* (5.) The term " circumstance " includes any com- munication made to, or information received by, the assured.^ Illustrations.
1. Insurance on ship. Lloyd's List contains an entiy tliat a ship of a similar name had stranded. The broker, after enquiry, comes to the conclusion that the entry must relate to another ship, and does not disclose the information to the insurer. The insurer, not having seen the entry, may avoid the contract.^ 2.
What to read after A Digest of the Law Relating to Marine Insurance?
You can find similar books in the "Read Also" column, or choose other free books by Chalmers, Mackenzie Dalzell Edwin Stewart, Sir, 1847-1927 to read onlineMoreLess
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