How have the courts interpreted the principles of insurance in the context of an under-written policy?

Saskatchewan, Canada


The following excerpt is from V & G Polled Herefords v. Lloyd's Non-Marine Underwriters, Davies (Ken) & Associates Insurance Services Ltd. and McFadyen & Sons Agencies Ltd., 1986 CanLII 3355 (SK QB):

In the case of Carter v. Boehm, 97 E.R. 1162, Lord Mansfield, at p. 1164, set out certain principles of insurance as follows: “. . . Insurance is a contract upon speculation. “The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only: the under-writer trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the under-writer into a belief that the circumstance does not exist, and to induce him to estimate the risque, as if it did not exist. “The keeping back such circumstance is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the under-writer is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.” And then at p. 1165 Lord Mansfield went on to say: “The reason of the rule which obliges parties to disclose, is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract; which one privately knows, and the other is ignorant of, and has no reason to suspect. “The question therefore must always be ‘whether, there was, under all the circumstances at the time the policy was under-written, a fair representation; or a concealment; fraudulent, if designed; or, though not designed, varying materially the object of the policy, and changing the risque understood to be run.’”

Other Questions


How have courts interpreted the principle of "good conscience” in the context of an action for the return of an unsecured loan? (Saskatchewan, Canada)
How have courts interpreted privacy considerations in the context of personal information privacy issues? (Saskatchewan, Canada)
How have courts interpreted the expression “null and void” in the context of null and void? (Saskatchewan, Canada)
How have the courts interpreted the meaning of the "ordinary rule” in the context of a sale of land? (Saskatchewan, Canada)
How have the courts interpreted the words “not resulting in death” in the context of medical malpractice cases? (Saskatchewan, Canada)
How have the courts interpreted the text of the Financial Conduct Code in the context of an executrix’s claim against a bank? (Saskatchewan, Canada)
How have the courts interpreted the findings of the trial judge in the context of sexual assault cases? (Saskatchewan, Canada)
How has the Rule of Civil Procedure been interpreted and interpreted in the context of a default judgment? (Saskatchewan, Canada)
How have the courts interpreted a surrender statement in the context of a commercial lease? (Saskatchewan, Canada)
What is the current state of the law in relation to the interpretation of the text-books and the various legal principles used by the Court of Appeal to determine whether an agent is bound by the contract? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.