Source: All England Reporter
Publisher Citation: [2008] All ER (D) 219 (Jan)
Neutral Citation: [2008] UKPC 4
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell and Sir Henry Brooke

Judgment Dates: 28 January 2008

Catchwords

The Cayman Islands - Insurance - Disclosure - Non-disclosure - Claimant receiving heart surgery - Claimant claiming under insurance policy for cost of surgery - Defendant carrying out investigation into medical background of defendant - Defendant insurer repudiating policy - Claimant bringing proceedings against defendant - Court finding contract voidable for non-disclosure - Court of Appeal dismissing claimant's appeal - Whether defendant entitled to repudiate liability under contract.

The Case

In the instant case, the defendant had not been entitled to repudiate liability in respect of the claimant under its health insurance policy on the basis that the claimant had answered the defendant's health questionnaire completely and correctly to the best of his knowledge and belief.

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