The New Zealand Law Journal: NZLJ.Butterworths, 1981 - Law |
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Page 252
... fact con- cealed . Somers J ( at p 4 ) considered this importation of subjectivity to be contrary to long established authority , and also to involve a difficult ex post facto judgment as to the attitude of the particular insurer . In ...
... fact con- cealed . Somers J ( at p 4 ) considered this importation of subjectivity to be contrary to long established authority , and also to involve a difficult ex post facto judgment as to the attitude of the particular insurer . In ...
Page 253
... facts which to the knowledge of the insured are regarded by the insurers as material , such as , over - insurance ( Jonides v Pender , supra ) , and any fact affecting subrogation rights ( Tate v Hyslop ( 1885 ) 15 QBD 368 ) ...
... facts which to the knowledge of the insured are regarded by the insurers as material , such as , over - insurance ( Jonides v Pender , supra ) , and any fact affecting subrogation rights ( Tate v Hyslop ( 1885 ) 15 QBD 368 ) ...
Page 255
... fact has no bearing on the loss sustained , then non- disclosure of that fact should not preclude recov- ery . To adapt an illustration given by Borrie and Diamond , The Consumer , Society and the Law ( 3rd ed 1974 ) , at 244 , if a ...
... fact has no bearing on the loss sustained , then non- disclosure of that fact should not preclude recov- ery . To adapt an illustration given by Borrie and Diamond , The Consumer , Society and the Law ( 3rd ed 1974 ) , at 244 , if a ...
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