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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 207
των Sir James Allan Park - 1787 - 530 σελίδες
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Decisions of the Court of sessions, from 1752 to (1808)

Faculty of Advocates (Scotland) - 1791
...underwriter * is deceived, and the policy is void ; becaufe the riik run is really ' different from the rifk underftood and 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 - 571 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 - 571 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 ...

Sir James Alan Park - 1799 - 570 σελίδες
...underwrite? is deceived, and the policy is void : becaule th.e rilk run is really different from the rifk underftood, and intended to be run at the time of...her voyage, which he privately knew to be arrived : and an action would lie to recover, the premium. The governing principle is applicable to all contracts...

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

Sir James Allan Park - 1809 - 680 σελίδες
...Soe/jm, which has already been quoted at large in this >9°9- chapter: " t^e policy would be void againfl the underwriter, if " he concealed any thing ; as, if he infured a ihip on her voyage, " which he privately knew to be arrived ; and an aElion would " lie to recover...

Reports of Cases Argued and Adjudged in the Court of King's Bench: During ...

Great Britain. Court of King's Bench, Sir James Burrow, William Murray Earl of Mansfield - 1812
...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...

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

Thomas Arnold - 1822 - 915 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
...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 - 2995 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...

The Law of Fire and Life Insurance: With the Latest Decisions, and an ...

George Duckett Barber - 1846 - 90 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 question therefore must always be, 'Whether there was, under all the circumstances, at the time the...




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