In Harding vs. Commercial Union Assurance Co., the Supreme Court held that, absent fraud, the valuation stated in an insurance policy is conclusive between the parties. The insurer’s agent completed the application, and the insured did not misrepresent the automobile’s value or ownership. Therefore, the insurer was liable for the loss.
Harding vs. Commercial Union Assurance Co. [August 10, 1918] Read More »
In Tan Chay Heng v. The West Coast Life Insurance Co., the Supreme Court ruled that the insurer’s defense against the insurance policy was not a rescission but a denial of the contract’s existence due to fraudulent representations. The case was remanded to the lower court for further examination.
Tan Chay Heng vs. The West Coast Life Insurance Co. [November 21, 1927] Read More »
In Pacific Banking v. Court of Appeals, the Supreme Court ruled that non-disclosure of co-insurances by the original insured, Paramount, violated the policy’s conditions and invalidated the contract. The Court also emphasized that Pacific’s failure to submit a formal proof of loss before filing a lawsuit barred its claim.
Pacific Banking vs. Court of Appeals [November 28, 1988] Read More »
In Argente v. West Coast Life Insurance Co., the Supreme Court ruled that an insurance contract can be rescinded if the insured conceals material facts, even unintentionally. The Court emphasized that all relevant information must be disclosed to the insurer to ensure the validity of the policy.
Argente vs. West Coast Life Insurance Co. [March 19, 1928] Read More »
In Ng v. Asian Crusader Life Assurance Corp., the Supreme Court ruled that for an insurer to rescind a policy due to misrepresentation, the misrepresentation must be both material and fraudulent. The Court emphasized that the burden of proving such misrepresentation lies with the insurer.
