MAGEE v. PENNINE INSURANCE COMPANY, LTD.

[1969] 2 Lloyd's Rep. 378

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Winn1 Lord Justice Fenton Atkinson

Contract-Mistake-Claim under insurance policy-Agreement to compromise- Discovery by insurers of facts entitling them to avoid liability-Whether compromise agreement voidable for common fundamental mistake that policy was binding. Insurance-Claim-Agreement to compromise -Policy voidable for misrepresentation- Whether agreement to compromise binding on insurers-Whether voidable by common fundamental mistake that policy was binding. Insurance-Warranty in proposal form- Whether embodied in agreement to settle claim under policy-Whether implied in subsequent renewals.