EWER v. NATIONAL EMPLOYERS' MUTUAL GENERAL INSURANCE ASSOCIATION, LTD.

(1937) 57 Ll.L.Rep. 172

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Fire insurance - Non-disclosure - Fraudulent exaggeration of claim-Policy taken out by plaintiff with defendants covering premises, fixtures and contents of garage-Fire-Damage to premises and contents-Claim-Repudiation of liability - Plaintiff originally in partnership with relative, S-Partnership terminated before present insurance effected, premises remaining in joint ownership of plaintiff and S -Substantial loans made by S to plaintiff from time to time during the currency of the policy - Policy renewed from year to year - Duty of disclosure - Defendants' contention that plaintiff was bound to disclose, without any question being asked, the fact of his ever having made a claim at any time under any other policy of whatever sort; that he was bound to disclose the fact that any other insurer on any other risk had either refused to insure or declined to renew; further, that such a duty of disclosure extended to claims made by S- Evidence of claims under a previous policy on goods in transit; of the refusal by the underwriter on that risk to proceed with it; of various claims for damage to charabancs and lorries during the currency of the present policy and renewals; and of the insurance history of S-Exaggerated claim in respect of contents - Whether amounting to fraud.