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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James and Andrew Morrison v James Stewart and Others [1766] Hailes 818 (19 January 1779) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Hailes020818-0502.html Cite as: [1766] Hailes 818 |
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[1766] Hailes 818
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 INSURANCE.
Subject_3 Case of a concealment on the part of the insured.
Date: James and Andrew Morrison
v.
James Stewart and Others
19 January 1779 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 102; Dict. 7080.]
Hailes. There may be a difference in considering the two policies: the one does not conceal the state of the ship; the other, from the very same intelligence, does.
Braxfield. There is a difference; and the one case is not so clear as the other. But we ought to consider that the insured may easily practise frauds against the insurer which the insurer cannot against the insured; therefore, the real state of the ship ought always to be intimated, and every material circumstance capable of varying the risk. Here the insured, in both policies, intentionally concealed material circumstances.
Justice-Clerk. The one policy concealed, and the other misrepresented circumstances. Both intended to deceive: the ship was a missing ship, before any insurance was made.
Covington. It matters not whether the concealment was unintentional or purposely made. But here the fraud is gross.
President. There was much concealment and strong circumstances of fraud in this case.
On the 19th January 1779, “The Lords assoilyied the insurers;” adhering to Lord Gardenston's interlocutor.
Act. A. Crosbie. Alt. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting
