Sutton v Insurance Corp. C.I. Ltd. [2011] JLR 80 (27 January 2011)
- Citation
- [2011] JLR 80
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Insurance Dispute / Judgment
More details
- Posture
- Insurance Dispute / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Failure by insured to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive, entitling insurer to avoid the policy.
Court disposition
insurer entitled to avoid policy
Orders
- policy avoided
02
Material facts
Parties
Sutton
InsuredInsurance Corp. C. I. Ltd.
Insurer03
Procedural history
Posture
Insurance Dispute / Judgment
04
Questions and positions
Legal issues
Whether failure to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive entitling insurer to avoid policy
Party arguments
- Applicant
- Insured failed to inform insurer of questionable circumstances regarding acquisition and valuation of insured item.
- Respondent
- Insurer claims reticence dolosive and seeks to avoid liability under the policy.
05
Court’s reasoning
Legal principles
- 01
Jersey insurance law
Reticence dolosive entitles insurer to avoid policy for misrepresentation and non-disclosure.
06
Ratio, limits and disposition
Ratio decidendi
Failure by insured to disclose questionable circumstances of acquisition and valuation constitutes reticence dolosive, entitling insurer to avoid the policy.
Court disposition
insurer entitled to avoid policy
- policy avoided
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Sutton v Insurance Corp. C. I. Ltd. [2011] JLR 80 (27 January 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110080.html Cite as: [2011] JLR 80 [ New search ] [ Help ] Sutton v Insurance Corp. C. I. Ltd. 2011 JLR 80 (27 January 2011) Insurance-misrepresentation and non-disclosure-insurer avoiding liability-failure of insured person to inform insurer of questionable circumstances in which obtained insured item (e.g. purchase via intermediary from unknown vendor, without receipt) and questionable valuation of item (e.g. item not with valuer when valued) is reticence dolosive entitling insurer to avoid policy The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 80 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110080.html
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