SLATTERY v. MANCE
[1962] 1 Lloyd's Rep. 60
QUEEN'S BENCH DIVISION
Before Mr. Justice Salmon and a Jury
Marine insurance - Arson - Total loss of vessel by fire-Arson alleged by insurer- Onus of proof-Liability of insurer.
-Fire-Total loss of vessel- Whether caused by assured - Onus of proof-Liability of insurer.
-Overvaluation of vessel on proposal form - Total loss by fire - Whether representation was material or untrue; and whether made fraudulently- Liability of insurer.
-Non-disclosure - Material overvaluation of vessel lost by fire - Liability of insurer.
Practice-Onus of proof-Arson alleged by insurer - Whether onus on assured to disprove that he wilfully caused or connived at destruction of vessel by fire.
-Facts peculiarly within knowledge of person against whom assertion made-Whether onus shifts to that person.