The Life and Health Assurance Association, Ltd, v. Yule [1904] ScotLR 41_316 (20 February 1904)

The Life and Health Assurance Association, Ltd, v. Yule [1904] ScotLR 41_316 (20 February 1904)

The insured is bound by the answers in the insurance proposal he signed, even if he did not read them and even if they were filled in by the insurer's agent at his request; the misstatement was material and voided the policy.

Source-derived case information.

Citation
[1904] ScotLR 41_316
Parties
Pursuer: The Life and Health Assurance Association, Limited; Defender: John Yule
Jurisdiction
Scotland
Judgment Date
20 February 1904
Procedural Posture
Action of Reduction / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to; policy reduced (voided)
Legal Topics
Misrepresentation in Insurance Proposals, Agency, Personal Bar, Materiality of Misstatements, Duty to Read Before Signing
Insurance Law Contract Law Misrepresentation in Insurance Proposals Agency Personal Bar Materiality of Misstatements Duty to Read Before Signing

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Life and Health Assurance Association, Limited

Pursuer

John Yule

Defender

Procedural Posture

Action of Reduction / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a material misstatement in an insurance proposal voids the policy when the proposal is signed without being read by the insured
  2. 2 Whether the insurance agent filling out the proposal acts as agent for the insurer or the insured in such circumstances

Ratio Decidendi

The insured is bound by the answers in the insurance proposal he signed, even if he did not read them and even if they were filled in by the insurer's agent at his request; the misstatement was material and voided the policy.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to; policy reduced (voided)

Orders

  • Policy of insurance reduced (voided) due to material misstatement in proposal
  • Defender found bound by contents of signed proposal