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" ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from... "
A System of the Law of Marine Insurances: With Three Chapters on Bottomry ... - Σελίδα 174
των Sir James Allan Park - 1799 - 570 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1787 - 660 σελίδες
...underwriter is deceived, and the policy is. void : becaufe the rifk run is really different from the rilk underftood, and intended to be run, at the time of...her voyage, which he privately knew to be arrived 3 • and an action would lie to recover the premium. The governing principle is applicable to all...

Decisions of the Court of sessions, from 1752 to (1808)

Faculty of Advocates (Scotland) - 1791 - 416 σελίδες
...fraudulent intention, yet ftill the underwriter * is deceived, and the policy is void ; becaufe the riik run is really ' different from the rifk underftood...intended to be run at the time * of the agreement. * The reafon of the rule which obliges parties to difclofe, is to ' prevent fraud, and to encourage good...

Cases Decided in the Court of Session: From November 1790 to July 1792

Scotland. Court of Session, Robert Bell - 1794 - 628 σελίδες
...ceived, and the policy is void, becaufe the ri(k run is cqual" ly different from the rilk umlerltood, and intended to be run " at the time of the agreement. \ " The policy would equally be void againft the underwrir " ter if he concealed, as if he infured a (hip on her voyage " which he privately knew to...

Cases Decided in the Court of Session: From November 1790 to July 1792

Scotland. Court of Session, Robert Bell - 1794 - 672 σελίδες
...is de" ceived, and the policy is void, becaufe the rifle run is equal" ly different from the rifle underftood, and intended to be run " at the time of...the agreement. *' The policy would equally be void a^ainft the underwri" ter if he concealed, as if he infured a fhip on her voyage " which he privately...

A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

James Allan Park - 1800 - 690 σελίδες
...deceived, and the policy is void : becaufe the rifk run is really different from the riftt umlerilood, and intended to be run at the time of the agreement....void againft the underwriter, if he concealed any tiling; as if he infured a fhip on her voyage, which he privately knew to be arrived : and an action...

Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Τόμος 3

Great Britain. Court of King's Bench, James Burrow - 1812 - 648 σελίδες
...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. The policy would equally be void, against the underwriter, if lie concealed ; as, if he insured a ship on her voyage, which he privately...

A System of the Law of Marine Insurances: With Three Chapters, on ..., Τόμος 1

James Allan Park - 1817 - 848 σελίδες
...deceived, and the policy is void : because the risk run is really different from the risk understood, and intended to be run at the time of the agreement. The policy would equally be void against the underwriter, if he concealed any thing; as if he insured a ship on her voyage, which he...

The American Practical Lunarian: And Seaman's Guide ... To which are Annexed ...

Thomas Arnold - 1822 - 1008 σελίδες
...deceived, and the policy is void ; because the risk run is really different from the risk understood and intended to be run at the time of the agreement. The policy would be equally void against the underwriter, if he concealed any thing ; as, if he assured a ship on her...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 1

John William Smith - 1841 - 744 σελίδες
...deceived, and the policy is void ; because the risk run is really different from the risk understood and intended to be run at the time of the agreement. The policy would equally be void, against the underwriter, if he concealed ; as if he insured a ship on her voyage, which he privately...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 3

Archibald John Stephens - 1842 - 998 σελίδες
...deceived, and the policy is void, because the risk run is really different from the risk understood and intended to be run at the time of the agreement. " The policy would be equally void, against the underwriter, if he con- The policy is cealed, as, if he insured a ship...




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