Bates v Hewitt
| Jurisdiction | England & Wales |
| Date | 1865 |
| Year | 1865 |
| Court | Court of the Queen's Bench |
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23 cases
- Woolcott v Excess Insurance Company Ltd
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Surton Harding v Insurance Company of the West Indies Ltd
...the issue of whether or not a material fact is known to the insured is also a question of fact. However according to Cockburn, C.J. in Bates v. Hewitt (1867) L.R. 2 Q.B. 595 at 607, ‘…it is immaterial whether the omission to communicate a material fact arises from indifference or a mistake......
- Babatsikos v Car Owners' Mutual Insurance Company Ltd
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Ian Crane v Hannover Ruckversicherungs-Aktiegesellschaft
...which the reinsurer is in as good a position as the reinsured to assess for himself (Carter v Boehm 3 Burr 1905, 1910–1; Bates v Hewitt (1867) LR 2 QB 595, 605, 610; Glasgow Assurance v Symondson (1911) 16 Com. Cas. 109, 119–20; Aiken v. Stewart Wrightson [1995] 2 Lloyd's Rep 618, 648–9;Mac......
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5 books & journal articles
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Post-Contract Disclosures in Insurance Law
...Brindisino v. Janson [1912] 3 K.B. 452 C.A. at 469 per Fletcher Moulton L.J. 80 Abbott v. Howard (1832) Hayes 381. 81 Bates v. Hewitt (1867) L.R. 2 Q.B. 595. 82 Carter v. Boehm (1766) 3 Burr 1905; 97 ER. 1162. 83 Elton v. Larkins (1831) 5 Car. & P. 86; 172 E.R. 888. 84 Dalglish v. Jarvie (1......
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The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured
...3 is more or less untouched.Every material representation as to a matter of fact must be substantially correct,32 Bates vHewitt (1866–67) LR 2 QB 595; Morrison vThe Universal Marine Insurance Company(1872–73) LR 8 Ex 197; Blackburn vVigors (1887) 12 App Cas 531; Harrower vHutchinson(1869–70......
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Goodbye to the Duty of Disclosure in Insurance Law: Reasons to Rethink, Restrict, Reform or Repeal the Duty (Part 1)
...of the assured in all cases to disclose all material facts within their knowledge’ (at 592-3, 1162).61 At 593, 1162.62 At 591, 1162.63 (1867) LR 2 QB 595.64 At 611. Elsewhere reference is made to the duty ‘to communicate to the insurer all matters which will enable him to determine the exte......
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‘That wicked rule, that evil doctrine … ’: Reforming the Law on Disclosure in Insurance Contracts
...There is a limited duty of disclosure in certain other contracts, for example, guarantees andcompromises of claims.13 Bates vHewitt (1867) LR 2 QB 595. In Ionides vPender (1874) LR 9 QB 531,539, Blackburn Jdistilled the duty into the ‘prudent insurer’ test:‘all should be disclosed which wou......
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