Pan Atlantic Insurance Company Ltd v Pine Top Insurance Company Ltd
Jurisdiction | UK Non-devolved |
Judge | Lord Templeman,Lord Goff of Chieveley,Lord Mustill,Lord Slynn of Hadley,Lord Lloyd of Berwick. |
Judgment Date | 25 July 1994 |
Date | 25 July 1994 |
Court | House of Lords |
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209 cases
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Marme Inversiones 2007 SL v Natwest Markets Plc
...“That conclusion is consistent with the decision of the House of Lords in Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd [1995] 1 AC 501 in which the majority of the House held: (i) that a ‘material circumstance’ was one that would have an effect on the mind of the prudent insure......
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Surton Harding v Insurance Company of the West Indies Ltd
...a non-disclosure if such non — disclosure related to a material fact. In this regard he referred to the case of Pan Atlantic Insurance Co. Ltd. v. Pine Top Insurance Co. Ltd. [1994] 3 All ER 581, in which the Court held that a circumstance is material if it would have had an effect on the ......
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Andrene Brown v Insurance Company of the West Indies
...facts. 14. The test of materiality has been settled by the House of Lords in Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd [1994] 3 All ER 581, [1995] 1 AC 501 on a 3:2 majority. The majority held that, for the purposes of marine and non-marine insurance, a circumstance is mat......
- Somat Ali v Hand-in-Hand Mutual Fire and Life Insurance Company Ltd
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5 firm's commentaries
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The English And Scottish Law Commissions' Proposals
...or fraudulently. The definition of materiality is therefore crucial. Pan Atlantic Insurance Co. Ltd v Pine Top Insurance Co. Ltd [1994] 2 Lloyd's Rep 427 (HL) defined the test as follows: (1) A material circumstance is one that would affect the judgment of the (re)insurers in assessing the ......
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Insurance E-Brief - Summer 2013
...needs to prove in order to avoid the contract. However, since the landmark House of Lords decision in Pan Atlantic v Pine Top [1994] 2 Lloyd's Rep 427, it has been clear that the insurer must also show that its actual underwriter was 'induced' to write the policy by that non-disclosure or m......
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Insurance Focus - Part II
...the insurer must have been induced by the misrepresentation (as set out in Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd [1995] 1 AC 501). Consequently, under the proposed Bill, the insurer will still have to demonstrate that, without the misrepresentation, it would not have ent......
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The Inexorable Rise Of Inducement
...needs to prove in order to avoid the contract. However, since the landmark House of Lords decision in Pan Atlantic v Pine Top [1994] 2 Lloyd's Rep 427, it has been clear that the insurer must also show that its actual underwriter was 'induced' to write the policy by that non-disclosure or m......
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19 books & journal articles
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Insurance
...which legal 158 Bell v Lever Bros Ltd [1932] AC 161 at 227, per Lord Atkin; Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd [1995] 1 AC 501; Versloot Dredging BV v HDI Gerling Industrie Versicherung AG [2016] UKSC 45 at [87], per Lord Hughes JSC. he obligation applies to all forms......
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Table of cases
...536 Pacific Forest Products Ltd v AXA Pacific Insurance Co, 2003 BCCA 241 ....... 547 Pan Atlantic Insurance Co v Pine Top Insurance Co, [1995] 1 AC 501 (HL) .......................................................................... 138, 163, 165, 166, 181, 183 Pangli v Mutual Fire Insuranc......
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Transitions in Caribbean Law: An Introduction
...between the donor and transplanted laws. For 38. See, e.g., L. Walcott, Chapter 4, L. Jackson, Chapter 1, E. Ventose, Chapter 6. 39. [1995] 1 AC 501 (HL). 40. L. Jackson, Chapter 1. xiii Transitions in Caribbean Law example, many Caribbean countries have adopted versions of Canadian company......
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Disclosure
...v Ontario Metal Products Co , [1925] AC 344 (PC) [ Ontario Metal Products ]. 31 See Pan Atlantic Insurance Co v Pine Top Insurance Co , [1995] 1 AC 501 (HL) [ Pan Atlantic ] and Section D(1), below in this chapter. Disclosure 139 Mansfield did not elaborate on the concept of materiality oth......
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