Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

NEWSHOLME BROTHERS v. ROAD TRANSPORT AND GENERAL INSURANCE COMPANY, LTD.

(1929) 34 Ll.L.Rep. 247

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Russell.

Insurance (motor car)-Damage to omnibus by fire-Claim-Defence of non-disclosure and misrepresentation- Finding of fact by arbitrator that proposal form contained misstatements and concealed important facts-Form (addressed to assured) filled up by insurance agent and signed by assured -Full information given to insurance agent-Proposal to be the basis of the contract - Inadmissibility of verbal evidence to vary written contract- Insurance agent held to be the agent of the assured-Biggar's case, [1902] 1 K.B. 516, approved-Judgment for insurance company-Appeal dismissed.

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