Campbell v Yorkshire Insurance Company Limited [1914] HCA 65

Campbell v Yorkshire Insurance Company Limited [1914] HCA 65

By majority, the Court held that the warranty in the declaration did not cover the statement of pedigree, which was merely part of the description of the subject matter under sec. 32(1) of the Marine Insurance Act 1909, not a warranty within secs. 39 and 41; the misstatement did not avoid the policy.

Parties
Appellant; Plaintiff: A. D. Campbell; Respondent; Defendants: The Yorkshire Insurance Company Limited
Jurisdiction
Australia
Judgment Date
05 November 1914
Procedural Posture
Appeal / High Court Appeal From the Full Court of Western Australia
Outcome
appeal allowed
Legal Topics
Warranties in Insurance Contracts, Proposal as Basis of Insurance Policy, Effect of Misstatement in Proposal, Marine Insurance Act 1909
Insurance Law Marine Insurance Warranties in Insurance Contracts Proposal as Basis of Insurance Policy Effect of Misstatement in Proposal Marine Insurance Act 1909

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Parties

A. D. Campbell

Appellant; Plaintiff

The Yorkshire Insurance Company Limited

Respondent; Defendants

Procedural Posture

Appeal / High Court Appeal From the Full Court of Western Australia

Legal Issues

  1. 1 Whether a statement as to pedigree in a marine insurance proposal is warranted as a condition of the contract
  2. 2 Whether the policy is avoided by misstatement as to the horse's pedigree

Ratio Decidendi

By majority, the Court held that the warranty in the declaration did not cover the statement of pedigree, which was merely part of the description of the subject matter under sec. 32(1) of the Marine Insurance Act 1909, not a warranty within secs. 39 and 41; the misstatement did not avoid the policy.

Court Disposition

appeal allowed

Orders

  • Order appealed from discharged with costs
  • Judgment of McMillan A.C.J. restored