LEE v. BRITISH LAW INSURANCE CO. LTD.

[1972] 2 Lloyd's Rep. 49

COURT OF APPEAL

Before Lord Justice Davies, Lord Justice Karminski and Lord Justice Stephenson

Insurance (Personal Accident) - Non-disclosure - Proposer suffering from myopia - Deterioration in eyesight-Cataracts discovered by specialist prior to completion of proposal form - Plaintiff not told of cataracts but advised to have pathological tests at hospital- Question in proposal form: "Has the person to be insured sustained any accidents or illnesses during the past five years", answered "No" - Declaration that proposer had "No physical defect or infirmity" - Whether insurers entitled to avoid policy and counterclaim for sums paid.