... (a) every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and (b) every material circumstance... The Acts of the Parliament of Western Australia - Side 275av Western Australia - 1908Uten tilgangsbegrensning - Om denne boken
| Stefan Grundmann, Martin Schauer - 2006 - 394 sider
...Insurance Act 1906:91 "The assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured,...such disclosure, the insurer may avoid the contract." Such examples are limited in number and specific in character. Most significantly, the courts emphasize... | |
| Baris Soyer - 2006 - 360 sider
...of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured,...such disclosure, the insurer may avoid the contract. (3) In the absence of inquiry the following circumstances need not be disclosed, namely: — (a) Any... | |
| Bastian Meyenburg, Andreas Stahl - 2006 - 284 sider
...disclose to the insurer, before the contract is concluded, every material circumstance which is /cnown to the assured, and the assured is deemed to know...which, in the ordinary course of business, ought to be /cnown by him. If the assured fails to make such disclosure, the insurer may avoid the contract. "... | |
| Bastian Meyenburg, Andreas Stahl - 2006 - 284 sider
...of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured,...to know every circumstance which, in the ordinary 182 Anhang 2 Gesetze in Auszügen MARINE INSURANCE AG 1906 course of business, ought to be known by... | |
| Nicholas Kouladis - 2006 - 346 sider
...inaccuracy was purely innocent and inadvertent. 767 Section 17, Marine Insurance Act 1906. to him, and he is deemed to know every circumstance which, in the ordinary course of business, ought to be known to him. A circumstance is material if it would influence the judgment of a prudent insurer in fixing... | |
| Geraint Howells, Annette Nordhausen, Deborah Parry - 2007 - 480 sider
...insured. The insured is required to disclose to the insurer 'before the contract is concluded, every material circumstance which is known to the assured,...to make such disclosure, the insurer may avoid the contract'.70 Further, 'every circumstance is material which would influence the judgement of a prudent... | |
| Ivan Vince - 2011 - 320 sider
...fidei, means that 'the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured,...ordinary course of business, ought to be known by him' (Marine Insurance Act 1906, s. 18(1)). If an insured breaches the duty of utmost good faith by failing... | |
| Courtney Stanhope Kenny - 1922 - 544 sider
...of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured;...such disclosure, the insurer may avoid the contract." See also s. 20, as to all representations made during the negotiations for the contract. Other forms... | |
| Julie-Ann Tarr - 2002 - 271 sider
...relevantly provide: '...the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured,...ordinary course of business, ought to be known by him.' See, for example, Economides v Commercial Union Assurance Co plc [1997] 3 WLR 1066. 54 Blackburn, Low... | |
| 1927 - 1032 sider
...marine insurance is based upon the utmost good faith (section 17) ; that the assured must disclose every material circumstance which is known to the assured,...the ordinary course of business ought to be known to him, and if the assured fails to make such disclosure the insurer may avoid the contract (section... | |
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