Duckett v Williams
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 794
EXCH. OF PLEAS.
S. C 4 Tyr. 240; 3 L. J. Ex. 141. Discussed, Life Association of Scotland v. Foster, 1873, 11 Court of Session Cas., 3d Series, 351. Referred to, Thomson v. Weems, 1884, 9 A. C. 682.
DuciCETT v. WlLLtAMS. Exch. of Pleas. IS.')4.- By a declaration and statement as to health, fec., signed by the assured, previous to effecting a | olicy on a life, it was agreed, that, if any untrue averment was contained therein, or if the facts Required to be set forth in the proposal (annexed) were not truly stated, the Premiums ^hould be forfeited, and the assurance be absolutely null and void. The statement as to the health of the life was untrue in point of fact, but not to 2G.&M. 349. DUCKETT 1J. WILT.lAiVtS 795 the knowledge of the party making it: - Held, that the premiums were forfeited, and could not be recovered back. [S. C. 4 Tyr. 240; 3 L. J. Ex. 141. Discussed, Life, Association of Scotland v. Foster, 1873, 11 Court of Session Gas., 3d Series, 351, Referred to, Thomson v. Weenm, 18$4, 9 A. C. 682.] This was an action on a policy of insurance on the life of one John Stephenson, brought by the Provident Life Assurance Company against the Hope Insurance Company, The following declaration and agreement had been signed on behalf of the plaintiffs before making the insurance : - " We, Scrope Bernard Morlaud and George Duckett, trustees of the Provident Life Office, do hereby declare and set forth, that the herein-named John Stepheuaon is now in good health, and has not laboured under gout, [349] dropsy, fits, palsy, insanity, affection of the lungs or other viscera, or any other disease which tends to shorten life, and that bis age does not exceed forty -one years ; that we have an interest in the life of the said John Stephenson to the full amount of 50001. ; and we agree that the declaration or statement hereby made shall be the basis of the agreement between ourselves and the Hope Assurance Company ; and that if any untrue averment be contained herein, or if the facts required to be set forth in the above proposal be not truly stated, all monies which shall have been paid upon account of the assurance, made in consequence hereof, shall be forfeited, and the assurance itself be absolutely null and void." The defence was, that the life was not insurable ; and the jury upon the trial haying found that it was not insurable, the Court discharged a rule which had been obtained for a new...
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