Ditta v Eagle Star and British Dominions Insurance Co. Ltd (C.C. 120/1933.)
Ditta v Eagle Star and British Dominions Insurance Co. Ltd (C.C. 120/1933.) [1933] EACA 14 (1 January 1933)
The court found that the plaintiff did not disclose the true facts to the agent and that the agent, Thanawalla, was not aware of the falsity of the answers in the proposal form. Even if the plaintiff had dictated true answers, by signing the proposal form without reading it, he adopted its contents and is bound by them. The law requires utmost good faith in insurance contracts, and the truth of statements in the proposal form is a condition precedent to the contract. The agent, when filling in the form at the plaintiff's request, acted as the plaintiff's amanuensis, not as the insurer's agent…
Source excerpt
- Insurance Contracts
- Misrepresentation
- Agency Law
- Duty Of Disclosure