Please enable JavaScript.
Coggle requires JavaScript to display documents.
CASE (QUESTION 1 (B) REMEDIES (RIGHT TO AVOID THE POLICY AS A WHOLE…
CASE
QUESTION 1
A) CASE: JOEL V. LAW UNION (1908) - FACTS WHICH PROPOSER DOES NOT KNOW FALLS UNDER MATTERS WHICH MATERIALS FACT THAT NEED NOT BE DISCLOSED
NO, SHE NOT BREACH THE LAW, IF NOT ANSWER THE QUESTION IT WAS HELD THAT THE PROPOSER WAS UNDER NO DUTY DISCLOSE THE FACT THAT SHE HAS SUFFERED FROM ACUTE DEPRESSION BECAUSE SHE HAD NEVER BEEN AWARE OF THE FACT THAT SHE WAS ILL.
YES SHE BREACH THE LAW, IF ANSWER THE QUESTION FALLS TO MISREPRESENTATION INNOCENT MAYBE SHE DID NOT REALIZE HAVE DISEASE WHEN SHE IN CHILD OR HAVE BEEN CURE IN UNCONSCIOUSNESS CONDITION BUT THE COMPANY MUST GIVE BACK IN FULL PREMIUM TO HER BENEFICIERIES OR FALLS TO MISREPRESENTATION FRAUDULENT IF THE INSURED CAUGHT FRAUD, COMPANY HAVE RIGHT TO SUE DUE TO CLAIM THE DAMAGE AND CAN KEEP THE PREMIUM CAUSE OF FRAUD BY THE CUSTOMER. BOTH OF THIS CONDITIONS ARE IN VOID CONTRACT
UTMOST GOOD FAITH MEANS THAT THE INSURER AND THE PERSON WHO APPLYING THE INSURANCE HAVE A DUTY TO DEAL HONESTLY AND OPENLY WITH EACH OTHER IN NEGOTIATIONS THAT LED UP TO FORMATION OF CONTRACT
-
-
QUESTION 2
-
B) NO, THERE IS NO CHANGE ALTHOUGH TE PREMIUM AND THE APPROVAL PROPOSAL RECEIVED CHANGE TO 23 JAN THE DURATION OF CONTRACT COVER STILL REMAIN THE SAME