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" ... (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 - Seite 275
von Western Australia - 1908
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Arnould on the Law of Marine Insurance and Average, Band 1

Sir Joseph Arnould - 1924 - 936 Seiten
...Insurance Act, 1906, AVhen declares that "the assured is deemed to know every circum- Of agent is stance which, in the ordinary course of business, ought to be known by him." This statement generalizes a principle which has been laid down with reference to matters known to...
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Journal

Chartered Insurance Institute - 1926 - 542 Seiten
...the proposer, before the contract is concluded, of all material facts which are known to him, and he is deemed to know every circumstance which, in the...ordinary course of business, ought to be known by him. The fact that the completion of a proposal form is usually insisted upon in connection with Accident...
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The Central Law Journal, Band 96

1923 - 454 Seiten
...to the insurer. "(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 which the assured is bound...
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Reports of Cases Relating to Maritime Law: New series, Band 12

Great Britain. Courts - 1916 - 674 Seiten
...Sect. 18 says that the assured must dieclose to the insurer before the contract is concluded every material circumstance which is known to the assured,...the ordinary course of business ought to be known to him. Then the second sub-section says that every circumstance is material which would influence...
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The Law Times Reports: Containing All the Cases Argued and ..., Band 124

1921 - 872 Seiten
...of the assured to disclose to the underwriters every material circumstance known to the assured, who is deemed to know every circumstance which, in the ordinary course of business, ought to be known to him, and when, as in this case, the insurance is effected by an agent, the agent must similarly...
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Digest ... of Lloyd's List Law Reports, Ausgabe 1

Charles Wemyss Muir - 1924 - 304 Seiten
...insurer, before the contract is concluded, every material circumstance which is known to the assured. ... If the assured fails to make such disclosure, the insurer may avoid the contract," And in sub-s. 2 :—" Every circumstance is material which would influence the judgment of a prudent...
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Lloyd's List Law Reports, Band 32

1928 - 364 Seiten
...requires every material circumstance which is known to the assured to be disclosed; and it states that the assured is deemed to know every circumstance which,...fails to make such disclosure the insurer may avoid LLOYD'S LIST LAW REPORTS. [Vol. 32.— 317 the contract, and the section goes on to say: — Every...
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Lloyd's List Law Reports, Band 2

1920 - 324 Seiten
...of the assured to disclose to the Underwriters every material circumstance known to the assured, who is deemed to know every circumstance which in the ordinary course of business ought to he knov\n to him; and when, as in this case, the insurance is effected by an agent, the agent must...
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Policyholder's Guide to the Law of Insurance Coverage, Band 1

Peter J. Kalis, Thomas M. Reiter, James R. Segerdahl - 1997 - 1728 Seiten
...insurer, before the contract is concluded, every material circumstance which is known to the assured. ... If the assured fails to make such disclosure, the insurer may avoid the contract"). 16 See Albany Ins. Co. v. Wisniewski, 579 F. Supp. 1004, 1014 (DRI 1984) ("an applicant for marine...
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The Fall and Rise of Freedom of Contract

F. H. Buckley - 1999 - 494 Seiten
...insurance, where "the assured must 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."27 Such a rule, whether statutory or contractual, makes good sense given the obvious asymmetry...
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