Everett v Desborough
| Jurisdiction | England & Wales |
| Judgment Date | 27 May 1829 |
| Date | 27 May 1829 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 1155
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 3 Moo. & P. 190; 7 L. J. C. P. (O. S.) 223.
[503] everett v. desborough. May 27, 1829. ' [S. C. 3 Moo. & P. 190; 7 L. J. C. P. (O. S.) 223.] 1. In an insurance upon the life of another, the life insured, if applied to for information, is, in giving such information, impliedly the agent of the party insuring, who is bound by his statements, and must suffer if they are false, although he is unacquainted with the life insured, and the servant of the insurance-office undertakes to do all that is required by his office.-2. Plaintiff effecting an insurance on 1156 EVERETT V. DBS BOROUGH B BINO. 501 the life of H., with whom he waa unacquainted, desired the agent of the insurance-office to do all that waa requisite. The agent knew H. well, and made the usual enquiries. One of the terms of the contract was, a reference to the usual medical attendant of the life insured.-H. having given a false reference: Held, that the Plaintiff could not recover. Assumpsit ;on a policy of insurance, effected for the Plaintiff on the life of James House with the Atlas Insurance Company, of which the Defendant waa the secretary. By the policy, certain conditiona on the back of it were declared to be a part of the policy as much as if they had been repeated in the body of it. These conditions were as follow, in two columns :- Column the first;- "Conditions of Life Assurance. "Persons proposing to effect Life Assurance, will be required to state the following particulars ; viz. " 1. Name and residence of the party by whom the proposal is made. " 2. Name, residence, and profession of the person whose life is to bo assured; and, in case of an assurance upon survivorship, the name, residence, and profession of each party. " 3. Place and date of birth ò and age next birth-day. " 4. Sum to be assured, and the term. "5. Whether afflicted with gout, asthma, fits, spitting of blood, or any other disorder which tends to shorten life. "6. Whether the party has had either the small-pox or cow-pox. " 7. Whether the party will attend personally, either [504] at the office in London, or before one oi the company's agents. "8. Whether employed in the military or naval service. "9. Names and residences of two gentlemen to be referred to, respecting the present and general state of health of the life to be assured. One to be the usual medical attendant of the party. "A declaration as to all the above points will be considered as the basis of the contract between the assured and the company. If such a declaration be not in all respects true, the policy will become void, and the premium that may have been paid will be forfeited," Column the second ;- " 10. No assurance to be in force until the premium has been paid; nor will any policy be considered valid for more than fifteen days after the expiration of the period limited therein, unless the premium, conditioned for the renewal of such policy, shall have been paid within that period, and the printed form of office-receipt given. But such assurances may be revived at any period, not exceeding three months after their expiration, on satisfactory proof being given to the directors of the unimpaired state df the health of the life assured, and on payment of the premium, with an addition of 5s. for every 1001. assured. "11. Policies will become void if the parties, whose lives have been assured, shall go beyond the limits of Europe, or shall die on the high seas, (except in passing, during peace, in king's ships or packet or passage vessels from any one part of the United Kingdom of Great Britain and Ireland to any other part thereof; or in passing direct, by a similar conveyance, from and to any port in Great Britain, to and from any port between Rotterdam and Brest, both inclusive, or to and from Guernsey, Jersey, Alderney, or Sark,) unless special per-[506]-mission shall have been granted by the directors, which may be obtained on the parties attending personally at the office, to give every requisite explanation, and paying such extra premium as the directors may deem adequate to the risk incurred. "12. Policies will also be void if the parties, whose lives have been assured, shall be actually emplpyed in any military or naval service whatever. " 13. Assurances, made by persons on their own lives, will be void if they die by the hands of justice, by duelling, or by suicide. But should the families of such SBING. 306. EVERETT V. DBSBOROUGH 1157 persons be left in distress and poverty, the directors, in their discretion, will make such allowance in respect of the policies of the deceased as they may deem just and reasonable. " 14. Assignments of life policies may be made without giving notice to the company. " 15. Persons effecting assurances on other lives than their own, will be required to state the nature of the interest they possess in such lives. " 16. All claims upon the company will be paid within three months after satisfactory proof shall have been produced of the death of the persons upon whose lives assurances have been effected. " 17. In cases of assurances in Ireland, the company undertake to appear iu the courts of law there to any action commenced against them. "London, 27th December 1825. " By order of the Directors, " henry desborough, Jim. " Secretary." The declaration in the cause stated, that the Plaintiff caused to be made a certain policy of assurance, whereby the Atlas Company, " relying on the truth of a certain declaration made by the Plaintiff in compliance with the conditions on the policy indorsed, (wherein it was declared that the age of House did not exceed forty-four [506] years; that he had had the small-pox; had not had the gout; had not suffered a spitting of blood; and was not and had never been afflicted with asthma or fits, or with any disorder which tended to shorten life,) agreed, in consideration of a premium of 371. 17s. 6d., to pay him 10001. in case James House should die within a year; provided that the policy should be subject to the printed conditions indorsed thereon, iu the sarae manner as if the same were there actually repeated, and adapted to that present case" (). And by those conditions it was expressed and declared, that persona proposing to effect life-insurance would be required to state the following particulars, &c.: (inter alia) the names and residences of two gentlemen to be referred to, respecting the present and general state of health of the life to be assured; one, to be the usual medical attendant of the party :-a declaration as to all the above points would be considered as the basis of the contract between the assured and the company. And the Plaintiff averred, that he did make a declaration according to the requisitions of the said printed conditions, and that the declaration so by him made, and referred to hi the policy, was in all respects true. He then averred the death of House, and the Defendant's refusal to pay. The...
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