KUMAR v. LIFE INSURANCE CORPOOF INDIA

[1974] 1 Lloyd's Rep. 147

QUEEN'S BENCH DIVISION

Before Mr. Justice Kerr

Insurance (Life) - Misrepresentation and non-disclosure - Accuracy of answers to questions in personal statement agreed by proposer to be "basis" of contract - Proposer asked whether she had consulted medical practitioner or had operation or had been in hospital for operation - Answer "No" given to all questions - Caesarean operation previously undergone by proposer - Whether answers incorrect - Whether insurers entitled to repudiate liability. Insurance (Life) - Premium - Return of premium - Premium not to be returned if inaccurate statement made by proposer - Whether such provision enforceable.