... (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 275von Western Australia - 1908Vollansicht - Über dieses Buch
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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